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Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am married to a British citizen but we live outside the

Resolved Question:

I am married to a British citizen but we live outside the UK, what do I apply for & how do I apply to move with my family to the UK?
Submitted: 11 months ago.
Category: Immigration Law
Customer: replied 11 months ago.
We currently work in Nigeria and would like advice on the least disruptive way to move that won't entail us being apart for too long. Recommending an immigration lawyer to guide us through the application process is also welcome
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

What capital do you have available and what income do you each have that will survive the move

Customer: replied 11 months ago.
Hi Clare, I currently earn £2500 approximately every month, my wife earns approximately £2000 monthly and we have 2 kids; a 4 year old and a one year old. I have a pension which currently stands at £21,000 and have a house which was willed to me by my late father currently valued at £107,000. I also have close to £5,000 in savings.
Expert:  Clare replied 11 months ago.

Will you be earning the same when you come to the Uk?

Customer: replied 11 months ago.
No, I would be earning more. I am into Information Technology and the figures I sent earlier are as a result of our exchange rate, it is currently N418 to £1. You can also follow the link to my LinkedIn profile to get an idea of my education/work experience - https://ng.linkedin.com/in/akinfolarin-akinbohun-a6b8b126
Expert:  Clare replied 11 months ago.

But will your job transfer with you?

Customer: replied 11 months ago.
By transfer, do you mean continue with my IT career, that would be a YES. I would obviously have to seek employment once granted leave to work in the UK. The company I currently work for does not have a branch in the UK, hence the reason for seeking employment in a different organisation.
Expert:  Clare replied 11 months ago.

Can your spouse move her job to the UK?

Customer: replied 11 months ago.
She is a financial/investment consultant but also an event planner, I believe those skills are transferable so YES, she can move her job to the UK.
Expert:  Clare replied 11 months ago.

What other capital do you have - and please confirm that the chidlren hold UK passports

Customer: replied 11 months ago.
There are shares/investments which are currently being valued before being transferred to me which will not be less than £80,000. I did not mention this before because I am yet to take ownership. The kids have got UK passports in addition to my wife.
Expert:  Clare replied 11 months ago.

In order to join your spouse and children here in the Uk you need to meet the English requirement (no problem) and also the income requirement - hat your spouse has an income of mroe than £18,600 per annum

The problem that you face is that the income requirement is based on the last years income from your spouses work in the UK - so you cannot meet the Income requirement unless your wife moves to the Uk without you first.

Fortunately there is a Capital alternative

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf (page 47) which you can meet and still meet the Health Insurance requirement - and house yourselves.

Accordingly the form you need is accessible here

https://www.gov.uk/join-family-in-uk/apply

I hope that this is of assistance - please ask if you need further details

Customer: replied 11 months ago.
Hi Clare, are you saying it is possible, but I do not currently qualify for the "income requirement" option but I qualify for the "capital alternative" option. With the "capital alternative" option, will my family have to travel ahead while I apply from here?
The first link opened up to an error, is this the link you intended to send: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf
If so, did you mean to direct me to page 47? If that is the case, what band (total savings held) would I fall into?
Also, the 2nd link, I'm not sure what type of visa exactly to apply for. In your opinion, would it be advisable to utilise the services of an immigration lawyer (any recommendations?) because from what I see, it looks like the requirements are a bit complex and I want to make sure I know what I'm doing when applying. Thank you.
Expert:  Clare replied 11 months ago.

You can apply before the move but they may need to travel ahead of you by a few weeks if the visa is delayed at all

You have capital savings in excess of £63,000 so you are fine

The details are here

https://www.gov.uk/join-family-in-uk

Using a lawyer is up to you - this is one firm

http://chathamchambers.co.uk/

There are others

Customer: replied 11 months ago.
Hi Clare, many thanks for your help & answers. I think I have all the information I need now, in closing; when applying, should my capital savings be lodged in a UK account or will it suffice in my Nigerian bank account? And just to clarify, should the capital savings be in cash (with my bank) or will my shares suffice?
Customer: replied 11 months ago.
The capital savings of £63,000, how long should it have been in my bank account for it to be acknowledged as my legitimate cash savings when applying?
Expert:  Clare replied 11 months ago.

You will find is easier if it is lodged in a UK account as soon as possible

Clare and other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.
Cheers, ***** ***** once again.
Customer: replied 11 months ago.
Hi Clare, hope I'm not being a bother, just wanted to clarify; I have a two (2) year multiple visiting visa to the UK, would it be better to apply from home (Nigeria), or apply while in the UK on one of my trips? Applying in the UK would mean I'll be "Applying to remain in the UK with family", what option would be suitable?
Expert:  Clare replied 11 months ago.

That will only work if your wife and children are already here

Customer: replied 11 months ago.
that was the plan. That they go on ahead a month before, settle in, before I come over to apply. So is that doable? Will it have any sort of repercussion to my application?
Expert:  Clare replied 11 months ago.

Yes that could work

Customer: replied 11 months ago.
Thanks Clare, cheers.

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