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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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I am a Kenyan national married to a British citizen. We got

Resolved Question:

Hi, I am a Kenyan national married to a British citizen. We got married in the UK three and a half years ago and have been living in Kenya together since then. We are planning to move back to the UK. What are the conditions for me to get a spouse/settlement visa and possibly move together with my wife back to the UK?
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Thomas replied 7 months ago.

Hi,

Thanks for your question.

Is your wife employed in Kenya at an annual salary of above £18600 per annum?

What approximate cash savings do you have between you please?

Tom

Customer: replied 7 months ago.
Dear Thomas,My wife is currently dependant on me, she is not employed here in Kenya. I am earning about 27000 pounds per annum, and currently have about 10000 pounds in savings.Zahir
Expert:  Thomas replied 7 months ago.

Hi Zahir,

When were you planning on moving back to the UK?

Tom

Customer: replied 7 months ago.
Hi Tom,As soon as possible, hopefully by end of the year.Zahir
Expert:  Thomas replied 7 months ago.

Hi,

Thanks. Drafting your answer now. 5 mins please.

It's not great news unfortunately.

Tom

Expert:  Thomas replied 7 months ago.

Hi

Thanks for your question. I will try to help.

Ultimately, you will have to apply for a spouse visa. However, in order to be eligible to do so, you have to show that you meet all the eligilbity criteria. The problem for you is the financial requirement, you will see the link below.

Where there are no significant cash savings, you have to meet the minimum income threshold of £18,600 per annum. Where parties are not based in the UK, this means that the UK spouse must have earned this amount outside the UK in the past year and must obtain a job offer in the UK for employment above this level to start within 3 months of the application

So, because your wife has not been working she cannot show that she has earned more than this amount in the past 12 months. You income is not permitted to count for this purpose either.

So, your options are:

{C}1. Your wife secures employment in the UK. She moves here and starts the job. She is employed in the Job receiving the salary for 6 months. You can then apply for a spouse visa after 6 months.

{C}2. Your wife gets a job above the salary threshold in Kenya. She is employed in the Job receiving the salary for 6 months, she then secures a job offer at above the salary threshold in the UK to start within 3 months. You can then apply for a spouse visa after 6 months so that you both return together.

The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk

The 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 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:-
  • https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
  • 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:-
  • 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.

{C}·

{C}·

You will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement when the time comes, but the application is actually made online

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

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

You may consider instructing a solicitor to prepare the application when the time comes because it is quite a complicated one.

I am sorry that I could not have better news for you.

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 7 months ago.
Hi Tom,Thanks for your detailed feedback on my request. If we can manage to get savings of 62,500 pounds, what would then be required to move together back to the UK?Zahir
Expert:  Thomas replied 7 months ago.

Hi,

If you had savings of £62500 which were your own monies then you would have to hold them for 6 months and then you can apply for a spouse visa straight away. Neither of you would require any job offers in the UK and your wife's period of unemployment would not matter either.

Please remember to leave feedback using the stars at the top of the page..

Tom

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