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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7432
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a 75 year old born Brit who has worked in developing

Resolved Question:

I am a 75 year old born Brit who has worked in developing countries for 47 years.
I have a 60 year old non EU wife of 14 years, our marriage is legal in Cambodia and UK. I am still working with a British INGO in Cambodia with my wife.
I would like to retire to UK in 2017/18 and my wife wants to be with me.
My monthly pensionable income is over 1,000 Pounds and have savings of over 100,000 Pounds. We would have accommodation in UK.
My wife speaks, reads and write English to a reasonable level, has visited UK many times with me (she is also flaunt in 6 other Asian languages).
I am told it will be very difficult to get my wife into UK on a permanent stay basis?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Thomas replied 3 months ago.


Thanks for your questions.

You have savings above £62500 which you will continue to hold until you return, correct?


Customer: replied 3 months ago.
Expert:  Thomas replied 3 months ago.


Thanks for your patience.

You wife will have to apply for a spouse visa before you return to the UK and she must be granted this before she travels. She must apply from the country where she is at the moment legally resident

The webpage on spouse visas is here:

The eligibility criteria is here:-

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 requirements

· any 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:-


· This 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:-


So, if you have cash savings above the amount stated which you have held for more than 6 months then you meet the financial criteria which is generally the problem for many applicants, but not in your case. So this is good.

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. It quite complicated application to make but the burden can be eased by sharing with a solicitor based in the UK.

You can instruct a solicitor in the UK from where you are.

You can find Uk immigration solicitors through the following Law Society Website search engine:-

The visa would initially be granted for 27 months, after she has been on this visa for a couple of years she must apply to extend it for a further 2 years. Once she has done this and been in the UK on the visas for 5 years she can apply for “indefinite leave to remain”, which is the right to stay permanently in the UK without applying for any further visas.

If she wishes once she has obtained indefinite leave to remain she can apply to naturalise as a UK citizen if she meets the criteria on the following page:

Good luck.

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. If you are satisfied then please leave positive feedback using the stars at the top of the page.

Kind regards,


Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7432
Experience: UK Lawyer holding practising certficate for England & Wales.
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