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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a UK citizen, British Born with British Passport. I am

Resolved Question:

Hi,
I am a UK citizen, British Born with British Passport. I am currently living and working in the UAE and have been since last October. I will be returning to the UK in May 2016. I am about to get married in the UAE to a Filipina who has a child in the Philippines. When I return to the UK next May I would like to bring my partner and her child with me, we are hoping the child will join us to live in UAE by December.
Is there a way that I can bring my partner with me to the UK in May without having to return home and then apply for the Spouse Visa which can take 3 months. I have seen that there is a Visa about "Application to Remain with Family" as an extension to an existing VISA. Can I bring them with me to the UK on a visitor visa (6months) and then apply for this application to remain?
For information - I am working in the UAE for a company I have worked for from Sept 2012 and when I return I will return to the employment with the same company. So my total employment will be in the order of 5+ years. I believe this satisfies the requirement of greater than 6 months employment.
I earn £28k under my UK contract and this exceeds the requirement for minimum pay criteria for spouse and child support .
We will live at my family home initially which is a 3 bedroom property where my mother lives so this should fulfil the housing requirements aspect.
Many thanks, Nick
Submitted: 8 months ago.
Category: Immigration Law
Customer: replied 8 months ago.
Any other information you can provide to help me is great.
Expert:  Thomas replied 8 months ago.
Hi, Sorry, can you clarify when you hope to return to the UK, you have said "May 2016" but then referred to "in May"?When you return, do you intend to both live here permanently?Tom
Customer: replied 8 months ago.
Hi Tom, yes I will be out here for another 12 months so when I say in May I mean in May 2016. I have to stay out here until at least April 2016 due to tax implications (ie if I return before I will be liable to tax on my earnings). There is a small chance I would have to return to UK before this date if I was to lose my job (incoming work is a little slow right now) but my UK contract remains dormant until 2018 so my return would be to my existing/original company. This fact I would think would not affect the answer to the question as we would be returning under the same circumstances. Hope this helps?Nick
Expert:  Thomas replied 8 months ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.In order to settle here permanently with you in May 2017 your wife would have to apply for a spouse visa from where you are at the moment. She would have to obtain this before she travels and you cannot travel here on a visit visa stay in the UK for a few months and then apply from within the UK for a spouse visa, because a spouse visa must be applied for from outside the UK.If you wished for her to come to the UK for a visit prior to applying for a spouse visa then she would have to apply for a general visit visa in the normal way, though the fact that you are in a relationship with her means that she is a bit less likely to be granted a visit visa because they will be worried that she may attempt to stay permanently without leaving the UK. 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 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/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 You have to produce to the Home Office documentation that proves the above. This would be some of the following:-{C}· Bank statements from both you and your spouse going back 6 months showing the income/capital you have available{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds){C}· Marriage certificate, Birth Certificate, passport{C}· Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records{C}· Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here. She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online I really would recommend that you instruct a UK based solicitor to make the application for you because it can be quite evidentially burdensome and it is much better to have your formal statements tailored by a practitioner. 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,
Expert:  Thomas replied 8 months ago.
I cannot have a telephone call because this forum is for general advice only and not specific advice which a telephone call would be. Please submit your clarifications by reply and I will assist. Please do also remember to rate my answer.Tom
Customer: replied 8 months ago.
Tom,Thanks. My understanding was that I would have to return to the UK first and be resident there again before we could apply for the visa. If I am reading your words correctly we can apply for her to join me prior to us both leaving the UAE and then we can travel together to the UK if the VISA is approved? Am I reading that right?
Expert:  Thomas replied 8 months ago.
Hi, That is correct, but if you are employed outside of the UK then you need to refer to the financial requirements to checki you can comply with them. Broadly this means that you must also have a job offer from a UK based employer to start a job above the salary threshold to start within 3 months of the date that you submit yoru wife's application for a spouse visa. Tom
Customer: replied 8 months ago.
Tom, I will be staying with the same employer so they should be able to provide a letter that means I fulfil the criteria. This is really great news. I had not expected this.
Expert:  Thomas replied 8 months ago.
Fine, but I would certainly instruct a solicitor to check the docmuentation provided is adequate. Please remember to rate my answer.Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
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