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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My girlfriend wants to stay in uk permanent she had a

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My girlfriend wants to stay in uk permanent she had a sponsor but their relationship broke down he's happy for her to stay but she now wants to carry on here with me. She has been coming here over 15 years on a Visa without any problem.I want to sponsor her but have been told that because I was dismissed from work although I am a Councillor I cannot sponsor her.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Thomas replied 8 months ago.

Hi,

What visa does she have at the moment please? A Spouse visa, an unmarried partner's visa?

Are you still no longer employer? If so, please state the total cash savings that you and your girlfriend have between you?

Tom

Customer: replied 8 months ago.
My girlfriend has a family visit visaI have little in savings
Expert:  Thomas replied 8 months ago.

Okay.

So, she has to leave after short visits at the moment, correct?

Is there a reasonable prospect that you might soon be employed at a salary above £18600 per annum?

Customer: replied 8 months ago.
after short visits she has to leave
I'm on £13175 for Councillor for County Borough but will get a job I'm sure
Expert:  Thomas replied 8 months ago.

Thanks.

How long have you been in a relationship please?

Customer: replied 8 months ago.
I have been in relationship nearly a year
Expert:  Thomas replied 8 months ago.

Thanks. Drafting your answer now. 5 mins please.

Expert:  Thomas replied 8 months ago.

Hi

Thanks for your question. I will try to help.

The primary barrier at the moment is the fact that you do not meet the financial criteria for a visa based on your relationship. This is because you are not in receipt of the salary threshold in order to apply, which is £18600pa which you must have received for 6 months before she makes an application.

So, your immediate focus should be on securing a job at a salary above this level asap. She could then apply after 6 months.

The second barrier is that you would not qualify as unmarried partners because you have not been living in the same accommodation for two years in a relationship akin to marriage. Obviously, this will not change and so your only option would be to marry.

If the plan is to settle in England once you are married then she will need to apply for settlement.

There are two ways of doing it. It is not absolutely necessary for you to go there to marry in order to get her a visa to come here. You can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.

Alternatively, You can either marry in Uganda and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.

once it has been granted.

There is a slightly larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrive here.

The eligibility criteria is largely similar for both applications. The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.

Here is the criteria you would need to fulfil for a fiancé visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-

{C}· If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.

{C}· Bank statements from both you and your fiancé 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 fiancé 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 (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement

{C}· You should also include job adverts showing jobs available that you could do when you come here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those roles

She will also have to pass an English Language test:-

https://www.gov.uk/join-family-in-uk/knowledge-of-english

The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.

She will need to apply for fiancé/spouses visa using form VAF4 from outside the Uk, she cannot make the application from within the UK

.

Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.

You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 8 months ago.
I am told by friend because I have responsibile job he can act as a second sponsor
Expert:  Thomas replied 8 months ago.

No, that's nonsense I'm afraid. There is no way to circumvent the financial requirement unfortunately.

I am sorry, but please remember to leave positive feedback,,.

Tom

Expert:  Thomas replied 8 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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