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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My Son & 6 year old grandson both hold UK passports, but my

Resolved Question:

My Son & 6 year old grandson both hold UK passports, but my Japanese daughter-in-law does not. They are all living in Japan and now want to settle in UK. I understand that both son and grandson can automatically settle in UK but how can we arrange this for daughter-in-law.
They are coming to UK next April as a family. My son wants to sponsor wife but apparently has to be resident in UK first. What forms would be involved
Thanking you for your help
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Is your son going to be employed in the UK prior to arriving in April?
What is his current salary?
Has he been working for his current employer for a year?
Does he have any savings?
Kind regards
Customer: replied 2 years ago.

Son will not start working in UK until he arrives in April

Current salary in Japan approximately £35K

He has worked for current employer for more than a year

He has total savings in Bank deposits and NS&I premium bonds of approximately £70K

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply. I apologise for the delay in reverting back to you.
The main issue in respect of having your partner join you under the immigration rules the financial requirement is met. In this case to meet the financial requirements your son would need to have been employed with his current employer in Japan for over 6 months earning a salary of at least £18,600 AND he has employment commencing in the UK with an annual salary of £18,600 prior to their arrival to the UK. If he is unable to find employment in the UK prior to his arrival with his partner then the other way of meeting the financial requirements is by having cash savings.
If your son has savings of at least £62,500 which in this case he does it will be much easier for his partner to join him in the UK. Savings must be held in cash in a personal bank/savings account in the name of the applicant, their partner or the couple jointly. The savings can be from any legal source,including a gift from a family member or other third party, provided the source of the cash savings is declared. The applicant and/or their partner must confirm that the money, which cannot be borrowed, is under their control and evidence that it has been held in their bank account for at least the 6 months prior to the date of application.
The requirements in respect of savings are as follows:
1 The account is held within a bank or building society
2 The bank/building society is a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating
3 The bank/building society is not on the list of excluded institutions under the Immigration Rules
4 The account is a current account or a savings account
5 Regular bank statements are provided
6 The statements cover the necessary time period required in the Immigration Rules which in this case would be at least 6 months.
7 The savings are held in cash (or their cash value is clear)this must be a value of £62,500.00 and held for at least 6 months
8 The savings can be immediately withdrawn (with or without penalty)
9 The funds are under the control of the person and/or their partner for the necessary time period required in the Immigration Rules - Again 6 months
10 The source of the funds is legal
11 The source of the funds has been declared
If he meets the financial requirements then, he would need to provide the following documents all documents must be translated into english:
Marriage certificate
Evidence that they have been living together in Japan ( so letters in joint names coming to their address, tenancy agreement, photographs)
Evidence of any children , birth certificates etc
His wife would need to pass an English A1 level examination from an institution approved by the Home Office.
Her original passport
Copy passport of the husband
Bank statements
The form they will need to fill in will be done online using the following link:
https://www.visa4uk.fco.gov.uk/
You can book the appointment in Japan after completing the form. His wife would need to attend the appointment and submit all the required documents.
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 until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

Thank you so much for your reply, but could you please tell me if Japanese wife should put "no child under 18 or one child under 18" on application as child has own UK passport . Furthermore, could you possibly state which form they should select when making application,& which of them should apply & from which country, Japan or UK. or, could Japanese wife just arrive with her passport stamped and then apply to have stay extended for 2, 5, or 10 years or permanently as husband is UK subject with right to stay anyway & son holds UK passport too. Thanking you for your for help

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply. Its a pleasure.
1. She will put no child under 18 as the child is not applying for a visa as he has a British Passport. The form they need to selecting would be settlement and they will then get the drop down menu and they select the options that are relevant to her. She will be applying from Japan as this is where she is resident.
2. No she should not just arrive and then apply from inside the UK, the reason is that the home office would not allow her to switch from a visit visa to a spouse visa from inside the UK, she must apply from outside of the UK and obtain the appropriate visa and then arrive to the UK.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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