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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 571
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am writing on behalf of my husband Ricardo who is Argentinian

Resolved Question:

I am writing on behalf of my husband Ricardo who is Argentinian and presently in Argentina. I am British and am living in the UK with my 3 children. We would like to live together with my husband as a family here in the UK for approx 1-2 years. We do not meet the financial requirements for the husband visa so cannot apply for that visa. We have found an organisation that works in an area that Ricardo enjoys and they are willing to act as a sponser for him for a Tier 5 (temporary worker-charity worker) visa. My question is wether the home office is likely to query why he is applying for the charity worker visa rather than the husband visa or is Ricardo within his right to want to apply for the charity worker visa.
My second question is: in the event of him coming to the UK with the charity worker visa and we reach the financial requirements for the husband visa, would he be able to apply to switch to the husband visa whilst in the UK and working with the charity worker visa.
I would be most grateful for any advice. My email is sarahjane***@******.***
many thanks, Sarah-***** *****
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
Hello
Thank you for your enquiry. Please don't forget to click rate before you leave.
Your husband is within his rights to make an application but that does not preclude the Home Office from refusing his application if they have any reason to believe that he is attempting to circumvent the Immigration Rules. It is also likely that the Home Office will bear this possibility in mind. I have seen many cases where such suspicions have arisen. However, the important issue is whether your husband will meet the requirements of the Immigration Rules under the Tier 5 (Temporary) - charity route because if he does there will be no reason why the Home Office will refuse his visa.
Under the Tier 5 (Temporary Worker) visa for charity workers, there is a genuineness requirement which must also be met.
Please note also that your husband will only be able to undertake voluntary activities and not paid employment.
Applying for leave to remain as a partner from within the UK (switching) is generally accepted unless your husband was in the UK as a visitor or was granted leave for a period of 6 months or less or he was in breach of Immigration laws
I hope this clarifies your questions if so please click rate.
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