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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47341
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I want to know how my wife can obtain a visa to come to Great

Resolved Question:

I want to know how my wife can obtain a visa to come to Great Britain with two of her Children?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Where is she from?

Customer:

Botswana.

Ben Jones :

Are you a UK citizen?

Customer:

Yes.

Ben Jones :

These children are not yours I presume?

Customer:

Correct.

Ben Jones :

How long would she like to visit for?

Customer:

She is visiting me in December/January. My question concerns our coming together, next June from Botswana to stay in the UK.

Ben Jones :

so does she want to move here permanently with you next year?

Customer:

Yes.

Ben Jones :

ok let me get my response ready please

Ben Jones :

As the partner of a British citizen she can apply for a visa to come and join you in order to live with you on a long-term basis here. Before she can apply she needs to determine whether she meets the relevant criteria, which you can find here:


 


http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/


 


If she believes that she satisfies all of the necessary requirements, she can then apply for the visa by following the advice here:


 


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


 


When it comes to the children, usually it is a requirement that both parents move to the UK settle here. However, there are exceptions, one of which is when "the parent who is settled or coming to settle in the UK has had sole responsibility for the child's upbringing or the child normally lives with that parent and not the other parent" and that could be relevant here.


 


Again there are certain conditions that must be met first:


 


http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/children/


 


Assuming they are all satisfied the children also need to apply for a visa:


 


http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/children/applying-visa/

Customer:

That's good. What you have stated in inverted commas applies precisely to my wife. My wife is widowed.

Ben Jones :

ok that is good, then the exception is likely to apply and allow her to bring the children over with her

Customer:

Her two children are both minors. They are both in school. Nigel is the youngest, aged ten. He attends an independent school in Botswana. Nomhle is a girl aged thirteen. She attends a state school in Botswana. They are both bright and speak fluent English. My wife's e-mail address [email protected] My e-mail address [email protected] We were married in the UK. My wife as lived in the UK for three years. We met in the UK. Would it be possible to proceed when my wife comes to the UK at the end of December. She will be stopping over for one calender month.

Ben Jones :

it is possible to apply from within the UK and details are here:

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

Customer:

Excellent. I haven't decided on your rating yet. I was wondering if you are in a position to forward all those blue things to my wife.

Ben Jones :

I cannot do that unfortunately as I cannot communicate with customers outside of this site and all communication must be on here

Ben Jones :

but you can forward them on to her

Customer:

Are there any qualifications I will need to meet, myself?

Customer:

I am obviously not outside the site. Would it be possible to forward all the links to me at my e-mail address. Will it be possible for us to make a direct application with the relevant government agency?

Ben Jones :

I cannot email anyone, it is against site rules, but you can copy and paste all the links as needed or they will also be saved to your account here. You can make a direct application as required - the forms you need to complete are on the links I sent

Customer:

Your last sentence is most helpful. I am wondering if there is any form of entrapment involved in the forms. Is it likely that the two of us will be able to complete the forms without any legal assistance?

Ben Jones :

the majority of applicants do - you do not generally need legal assistance to do this

Customer:

Thanks. There has been a certain amount of coverage in the media concerning this subject. Though I happened to miss most of it. What concerns me is whether the current rules are the result of legislation passed by Parliament or whether the new rules were just arbitrarily drawn up by the government. I hope it is in your remit to answer this question.

Ben Jones :

I am not quite sure what rules you are referring to - the subject of immigration is extremely large ad complex so it could cover a number of areas at any one time. As far as you are concerned the website of the UKBA which is where the links leads to is kept up to date and lists the formal requirements you need to meet to be able top apply so as long as you follow this step by step you should not be doing anything wrong

Ben Jones :

I have to go offline unfortunately as I have an early start tomorrow, is there anything else you need me to deal with before I go?

Customer:

Thanks again. My question is whether there has been any recent legislation concerning immigration. Especially in connection with the presumed traditional right of a spouse who happens to be a British citizen to bring his married partner into the country. Some people have implied that current legislation could be in breach of human rights. Though the government would possess a get out qualification under European law. If you do not feel inclined to deal with this question as I know this subject is somewhat complex as you say then i am not bothered. Your answers to my questions on this subject have been very helpful and have helped to put me in a positive frame of mind. This matter has been troubling my wife and myself for a while as we were both advised to put in an early application in view of current changes in immigration rules. I wish we had both taken the more rational step of consulting a person like yourself a lot sooner!

Ben Jones :

Good morning. There were recent changes in relation to the earnings requirements for spouses and this was challenged in the High Court but it was deemed that these changes were not unlawful, even if they were in need of some tweaking. You can read an article about this here:

http://www.bbc.co.uk/news/uk-23198144

But as far as the current law stands that is what it is for now, although it may change again in the future, who knows. As different Governments come into power they all have different ideas so you may find the next Government could relax the rules again but that is all speculation at this point

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

Customer:

Good afternoon. I am unable to click onto your most recent link. I refer to recent changes in relation to earnings requirements for spouses. Can you inform me if these changes occurred as a result of legislation or otherwise? I am not familiar with the definition for the term, tweaking, though I hear it often enough on the radio!

Ben Jones :

here is the link again

http://www.bbc.co.uk/news/uk-23198144

Ben Jones :

and yes it is to do with the earnings requirements.

Ben Jones :

Tweaking means to change things slightly

Customer:

I will be working tomorrow. If you happen to hear from me it will be after six. In the meantime, can you explain the importance to you of a positive rating and its significance which I do not understand. I am about to go offline as I need some dinner. I see you are back on chat. Yes, but are the changes the result of legislation? If not then by what means have they come about?

Ben Jones :

when you rate my response it signifies you were happy with my advice and the site credits me for my time and effort.

The changes were introduced in July 2012 by law, these are introduced as law through a formal Statement of change - you can see the historical changes made to the Immigration Rules here:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/

Customer:

In other words, the changes have not been brought about as a result of parliamentary legislation. Correct?

Ben Jones :

No, it is Parliament that has brought these in, it is the current Government that has taken these via Parliament and then they have been issued as a Statement of Change

Ben Jones :

For example, the latest changes:

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/september/08-rules

You will see they are introduced when "a written ministerial statement is laid in Parliament outlining a number of changes to the Immigration Rules."

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Customer:

So how do these changes affect people who want to bring their marriage partner into the country? Concerning marriage partners, how were the rules changed as they have now become known as May's law? In other words, how was the Home Secretary able to change the law by simply reading a set of rule changes before the House of Commons. Why don't they require an act of parliament?

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