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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My girlfriend is Filipino and she is having great difficulty

Customer Question

My girlfriend is Filipino and she is having great difficulty filling in these visa applications because even i find this not easy. the questions asked are concerned with our relationship which is unofficially engaged. Should she get her visa then once here we will marry. She is looking to get a partners visa with hopefully a work permit. She will work at my company as a input clerk. This is English law and not American i hope
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi,

Thanks for your question.

Are you a UK citizen?

Do you earn more than £18600 per annum from salaried employment (there is a financial requirement for the type of visa that she will have to apply for)

Tom

Customer: replied 1 year ago.
i earn £41000.00
Customer: replied 1 year ago.
i am a UK citizen
Expert:  Thomas replied 1 year ago.

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

Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

If the plan is to settle in England once you are married then she will need to apply for settlement. This perhaps the most complicated visa applications and you should consider instructing a solicitor based in the UK to act for you. From the way you have phrased the question I am a little concerned that you may not be aware of quite how much work/evidence is required.

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 fiancé 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 her home country and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.

There is a 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 fiancé 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.

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

Expert:  Thomas replied 1 year ago.

Hi

I cannot have a phone call I'm afraid.

Please read my above reply which addresses your points and let me know if you require any clarification.

Tom

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