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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7505
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My Dad and I are UK citizens by birth. My Mom is a US citizen.

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My Dad and I are UK citizens by birth. My Mom is a US citizen. My parents have been married since the 1970's and have lived in the United States since their marriage. They are still married, and my Mom recently retired. She has ongoing retirement pension income. I have lived in the UK since 2007. My parents would like to eventually move to the UK from the US, starting with getting indefinite leave to remain for my Mom. What are the options open to my American Mom for this to happen? What is the process we need to follow? My Dad was born in 1952 and my Mom in 1951. I was born in 1981.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Thomas replied 9 months ago.
Hi, Thanks for your question. Do your mother and father have cash savings of above £62500 GBP for the purpose of meeting the financial requirement?Kind regards,Tom
Customer: replied 9 months ago.
Hi Tom, thank you for the reply. Yes, they do have this in their US accounts. All the best, Mary
Expert:  Thomas replied 9 months ago.
Thanks, ***** ***** your answer now. 5 mins please. Tom
Customer: replied 9 months ago.
Take your time, better complete than quick! Thanks!
Expert:  Thomas replied 9 months ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.She will have to apply from a spouse visa first, then travel with your father once she has this and build up 5 years residence in the UK and then apply for indefinite leave to remain. The 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 subsisting if 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/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdfThis 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 So, provided they have the amount I asked about in a bank account and hold this for 6 months prior to when your mother applies then they will meet the financial requirement, which is generally the biggest barrier to getting a spouse visa.They should instruct an immigration solicitor in the UK in order to draft the application for them and to collate all their supporting documentation appropriately. This is the single most important point of this answer. She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online Once she has obtained her spouse visa she can travel to the UK with your father to settle here. The visa will be granted for 27 months and once they are approaching the end of this visa they will have to apply for an extension of this visa. The extension will be granted for the appropriate amount of time to take her up to 5 years residence in the UK. Once she has reached 5 years in the UK she can apply for indefinite leave to remain, so that she can stay in the UK permanently and free from visas. You can find Uk immigration solicitors through the following Law Society Website search engine:-http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law 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 9 months ago.
Thank you, ***** ***** is very helpful. As I mentioned, my parents currently live in the US. Is there any way to initiate this process with both my parents living in the US? The link on "joining family" seems to assume one family member is already living in the UK, my Dad is not keen to move to the UK without my Mom. Also, during the 5 years of establishing residence you mention, can my Mom travel back to the US/back into the UK without my Dad? How often? If you could direct me to the criteria for establishing residence that would be a great help. Thank you. Best, Mary
Expert:  Thomas replied 9 months ago.
Hi, The website is not very good. Basically, your dad is only required to show that he is legally entitled to return home to live in the UK - which he is, because he is a UK citizen. Your mother can travel to/from the UK/US whilst she has her visa. Ideally she should spend more than 180 days per year in the UK though. Please do remember to rate my answer. Kind regards,.Tom
Customer: replied 9 months ago.
Thank you. Your answer has been very helpful. If you could just confirm - as a final item - that your understanding is indeed that they CAN initiate this process without my Dad first moving to the UK alone, i.e. without my Mom. Is that the case? Thank you! Mary
Expert:  Thomas replied 9 months ago.
Yes, that's correct. They should still instruct a solicitor in good time before they apply though - there is no substitute for this. Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7505
Experience: UK Lawyer holding practising certficate for England & Wales.
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Customer: replied 9 months ago.
Thank you very much!

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