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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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What are the legal requirements for a Turkish person coming

Customer Question

What are the legal requirements for a Turkish person coming to lve in Britain.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question.

On what basis does he wish to come to the uk? marriage, employment , education?

Kind regards
Customer: replied 2 years ago.

Marriage and employment.


 

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

Could you confirm that you are earning more than 18,600 gross per year?
Do you have any savings over 16000?
How long have you been employed for?
Do you receive disability living allowance?

Kind regards
Customer: replied 2 years ago.

No I do not earn £18.600 per year.


No I do not have savings of £16000.


 


I have worked all my life in my present employment for 5 years.


 


I do not receive disability living allowance.


 


 


 

Expert:  UK_Lawyer replied 2 years ago.
Thanks you for your reply.

Unfortunately, this makes it very difficult for an individual to come from outside the EU and marry and work in the UK. If a person is coming to the UK to marry then they need to apply for a fiancee visa. The fiancee visa allows a person to come to the UK marry and then remain in the UK.

The rules since 9 July 2012 are that a person sponsoring an individual coming to the UK on a fiancee , must show that they earn at least 18,600 gross per year. The sponsor would need to show that they have been employed with the same employer for the past 6 months and has been earning 18,600 gross per year. If the sponsor is unable to show that they earn this amount through pay slips and bank statements then the application will be refused.

The requirements for a person coming to the UK to marry are as follows:

In order to successfully obtain a UK fiancee visa, applicants must meet the following basic requirements, although this is by no means exhaustive, as every immigration case is different. The UKBA Entry Clearance Officers (ECO) are trained to examine family applications based on objective facts and with the use of some ‘rules of thumb’. The vast majority of settlement applications are decided on a ‘balance of probabilities’ without reference to the applicant.

‘Present and settled’: The sponsor must be entitled to live and work in the UK without restrictions on their stay. The qualifying sponsor must be either a British citizen, whether through birth, descent or by naturalisation, or legal permanent resident holding indefinite leave to remain (ILR) or right of abode in the UK. The sponsor must be ‘present and settled’ in the UK or, if residing overseas on a temporary basis, expect to return to the UK to live before or at the same time as the applicant enters the country on a fiancee visa.

Free to marry: Both the sponsor and their foreign fiancee must be legally free to marry at the time of application, or able to demonstrate that their divorce/dissolution proceedings are well underway. The UK fiancee visa application will normally be refused if the examining UKBA officials are not satisfied that the applicant and their sponsor are able to get married within six months.
Age requirement: Both parties must be at least 18 years of age at the time of application. If the applicant is about to turn 18, and the sponsor is 18 or over, the Entry Clearance Officer (ECO) has the authority to issue a fiancee visa on a discretionary basis. The visa will normally be valid from the date the applicant has reached the qualifying age.


Requirement to have met: Sufficient documentary evidence must be provided to show that the sponsor and their foreign fiancee have met in person prior to filing the settlement visa application. It is advisable to spend as much time together as possible, as the UKBA officials tend to be suspicious of couples with no extensive ‘face-to-face’ meeting history prior to sponsorship.

Wedding arrangements: Both parties must have a serious intention to marry within six months of the fiancee visa validity period. The marriage must take place in the UK.
‘Bona fide’ relationship: It must be evident that the applicant and their sponsor have a genuine relationship as defined by the UK Border Agency. Detailed proof must be supplied to demonstrate to the satisfaction of the examining UKBA Entry Clearance Officers that both parties intend to stay together in a committed relationship following their marriage in the UK.


English language test: Effective November 29, 2010 applicants who are not citizens of a predominantly English-speaking country are required to pass a mandatory English language test before applying for a UK settlement visa as a fiancee, proposed civil partner, de facto partner or spouse of a British citizen or UK permanent resident. Applicants who have a degree which was taught or researched in English and evaluated by UK NARIC as meeting or exceeding the recognised standard of a Bachelor’s degree in the UK are normally exempt from the new English language requirement.

Financials and accommodation: The sponsor must be financially secure and have suitable accommodation in the UK. The UK Border Agency introduced a new threshold requirement on July 9, 2012. A qualifying sponsor must be earning £18,600 per annum for at least six months immediately preceding the date of filing the application (12 months for self-employed sponsors). This rises to £22,400 if there is one dependent, £24,800 for two dependents, £27,200 for three etc. (£2,400 for each additional child included in the settlement application). Sponsors may also rely on other personal financial resources, such as savings or non-employment sources of income and permitted benefits, sufficient to maintain the applicant in the UK without recourse to public funds. Applicant’s savings and non-employment income may also be taken into account by the UKBA officials when making a final determination of eligibility. Both the applicant and their sponsor are required to submit evidence of meeting the new threshold requirements as part of the initial application. The new threshold requirement does not apply to sponsors in receipt of DLA or other related benefits according to UK Border Agency policy guidelines.

Unfortunately in your case I do not think that the applicant or you meet these requirements, therefore in yourcase it would be very difficult to meet the requirements of the immigration rules for him to marry you can come to the UK.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions.

Kind regards

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