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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I'm a uk citizen and my girlfriend is Mexican. We want to

Customer Question

Hi. I'm a uk citizen and my girlfriend is Mexican. We want to live together in the uk and need some advice on what visa she'll need. She will be transferred here within her company and will be earning more than the £18,600 necessary, but at the moment she isn't making that amount and neither am I. We do earn that amount if we combine my income in the uk and hers in Mexico. For a visa to join a partner, can we combine our incomes? Or can we provide proof from her company of what she will be paid once she has been moved here?
Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

Do you hold cash savings above £62500?

Tom

Customer: replied 1 year ago.
No. I'm a student with a part time job.
Expert:  Thomas replied 1 year ago.

Thanks. Drafting your answer now. 5 mins please..

Expert:  Thomas replied 1 year ago.

Sorry, one more thing.

Have you lived together for any period of time? If so, please state how long..

Customer: replied 1 year ago.
We haven't. The whole time we've been in a relationship she has been staying here on a tourist visa, or I've been staying in Mexico on a tourist visa.
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

The first problem is that you would not be able to get her a visa on the basis of your relationship unless you were to marry. This is because you must have cohabited in the same accommodation in a loving relationship for 2 years in order to be regarded as “unmarried partners” for the purpose of applying on a non-married relationship.

The second problem is that even if you were to marry you would not be permitted to count your partner’s income. This is because the financial requirement for a spouse/unmarried partner’s visa states that your partners income would only be permitted to count if she was already in the UK with permission to work.

So, it seems a visa based on your relationship is not possible at the moment.

The best thing to do, if her company is willing to transfer her here is to see if she is able to apply for a Tier 2 Intra-company transfer visa:

https://www.gov.uk/tier-2-intracompany-transfer-worker-visa/overview

This is a visa whereby a sponsor employer licensed to sponsor migrants for tier 2 purposes transfer an employee to the UK for the purpose of employing them in a new role.

If the company is willing to sponsor her to do this and she meets the eligilbity criteria (https://www.gov.uk/tier-2-intracompany-transfer-worker-visa/eligibility) then this might be an option.

She could then work here, live with you hopefully for two years and then you could apply for an unmarried partners visa using her UK-earned income to meet the financial requirement.

I am sorry that I could not have better news for you, I do not agree with the law in this case but it remains the law nevertheless..

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

Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
A follow up; because we do plan on getting married (not for the visa, just to be clear) does that change anything as far as the financial requirements and her eligibility to work in the uk are concerned?
Expert:  Thomas replied 1 year ago.

No. The financial requirements are the same I'm afraid..

Thank you.