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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 partner has been in the UK for about 8 years on studying

Resolved Question:

My partner has been in the UK for about 8 years on studying visas. They will come an end soon. We have been married for nearly 3 years. I'm british. We are looking to get partner visa but not sure which route I would use. Does his previous time in this country count? Does our marriage make things quicker in terms of getting indefinite right to remain (passport). My partner is a Saudi.
Thanks
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Thomas replied 5 months ago.

Hi,

Thanks for your question.

Do you earn more than £18600 per annum from employment?

Tom

Customer: replied 5 months ago.
I was part time. But from last month. I earn 23000 basic pa
Expert:  Thomas replied 5 months ago.

Are you employed or self employed?

What level of cash savings do you and your partner have between you please?

When does your partner's visa expire please?

Tom

Customer: replied 5 months ago.
No cash savings. His visa ends in march
Customer: replied 5 months ago.
Employed
Expert:  Thomas replied 5 months ago.

Okay. So, will you have been employed for 6 months by the time that his visa ends?

Tom

Customer: replied 5 months ago.
Expert:  Thomas replied 5 months ago.

Ok, great. Drafting your answer now. 5 mins please

Tom

Expert:  Thomas replied 5 months ago.

Hi

He will have to apply from a spouse visa.

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 would meet the financial criteria if you have been employed at a salary above £18600 per annum for a period of 6 months or more, when you make the application. So, you should ensure that you do not send the application until you reach 6 months receiving the salary in your current job.

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}· Further information here:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, 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

The visa will be granted for a period of 33 months. He will have to apply for further leave to remain at the end of this time. He can apply for indefinite leave to remain once he has been here for 5 years on his spouse visa. After that he can apply to be naturalised as a UK citizen.

However, if he has been in the UK on student visa for 8 years without any gaps between the visas then he may be able to apply for ILR once he has switch to a spouse visa and remained on it long enough so that his total time in the UK is above 10 years. This would mean that he would be able to apply for ILR under the long residence rules after he has been on a spouse visa for approximately 19 months if he applies before his current visa expires by my approximate calculations.

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