How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I am a UK male citizen born in uk with uk passport. My

Resolved Question:

Hi... I am a UK male citizen born in uk with uk passport.
My partner is Indian (born in India with Indian passport) and on a company transfer visa (from her Indian employers to a UK company) which expires in June 2016.
We very much want to be together and therefore how can she stay in the UK?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, How long have you cohabited (ie. physically lived together) with your partner?Do you intend to marry?Do you earn more than £18600 per annum from salaried employment?Tom
Customer: replied 1 year ago.
We live at different uk addresses at the moment, and would probably continue the same until we would marry as her tradition does not support co-habitation until marriage.I am self employed with a salaried income of £9,000 and a dividend income of around £60,000.If she could stay in the UK, then we would marry, although I have not asked the magic question yet.
Customer: replied 1 year ago.
To explain my income... I am sole shareholder in my ltd company.
Expert:  Thomas replied 1 year ago.
Okay. Unfortunately, although that employment structure is tax beneficial it is a problem in meeting the income requirements for a spouse visa.Do you and your partner have more than £62500 in cash savings that you have held for more than 6 months?
Customer: replied 1 year ago.
If I adjusted my salary income to be greater than £18600, then would this help?We dont have much saved between us... certainly not £62500.Help!
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.You have not lived together long enough in order for her to apply on the basis that you are unmarried partners.This means that in order for her to stay here on the basis of your relationship you would have to marry provided that you meet the eligibility criteria. The UKBA webpage on spouse visas is here:https://www.gov.uk/join-family-in-ukThe eligibility criteria is here:-https://www.gov.uk/join-family-in-uk/eligibility If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:- you and your partner are both aged 18 or over at the date of application;your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;your partner is not related to you in a way that means you could not marry in UK law;you and your partner have met in person;your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;you meet the suitability requirementsany previous relationship has permanently broken down (this does not apply to certain polygamous relationships);you and your partner intend to live together permanently in the UK;You must meet the financial requirement:-https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructionsThis means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.You would also have to show that you meet the English language requirement:-https://www.gov.uk/join-family-in-uk/knowledge-of-english The problem for you is that you have been receiving dividends rather than salary, which from a company. So, I would suggest that you take your tax and details of your company to a local immigration solicitor for them to examine and advise whether or not your income/dividends arrangements meet the financial criteria for a spouse visa. I cannot confirm whether it does or not on here, but I can say that it is worth seeing a solicitor for a details appraisal of your positionIf the solicitor confirms that you meet the criteria then you can consider marrying so that she can then apply for a spouse visa before her current visa expires. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Customer: replied 1 year ago.
Ok... Thank you for your help Tom... This has been very helpful and you have put us on the right path...Its such a shame that it is so difficult for 2 people to be together due to these kind of rules.Thank you again.
Expert:  Thomas replied 1 year ago.
I know. You have my sympathies, but please do remember to leave feedback..
Thomas and other Immigration Law Specialists are ready to help you