How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

Madam, I am writing to inquire in regards to

Customer Question

Dear Sir/madam, I am writing to inquire in regards ***** ***** for the UK spouse visa application for my husband. I am a UK citizen and i too am a Croatian citizen. I have a full time job and been living in UK since 1999. My husband is Serbian citizen.
I am in the process of doing the visa application but its confusing as to what type of visa do we apply for: "apply to join family living permanently in UK"? or "apply to remain in the UK with the family?" Furthermore, i was married to my husband for a 1 and
a bit and last year we got divorced due to long distance and travel expenses on my part. During the whole divorce procedure we have been in touch and saw each other, travelled together and never stopped speaking. I have been financially supporting him at all
time we been together. We got married this year again and are expecting a baby in two weeks. As i am staying with my parents, in the tenancy agreement that my parents have with the agency its says that 5 people are allowed to live in the property. However
it two weeks it will be 6 with our baby. I have made photo's of the cot bed, wardrobe for baby and other baby staff that can fit in the same room as i am sleeping in with my husband soon too. My concern is that it might be a problem as that is what i heard
from other people that applied? Please advise what should i do? There is enough room for all of us, please advise whether the tenancy agreement issue will be a problem with immigration officer? On the other note i printed bank statements for the last 13 months,
is that enough? My other concern is that i been in minus as in using my full overdraft facility for the last year... will that be a issue for immigration team when they are deciding for the visa? Although i been out/clear of the minus/overdraft for the last
2 months... Please advise me how much will be the health surcharge and application for my husband? Also please advise me is there a way of my husband coming to UK as I am a Croatian citizen? I look forward to receiving your prompt replay. Thank you in advance
for your help. Best wishes,
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Here, your husband will be making an application to "apply to join family living permanently in UK", as you are his family and you are living permanently in the UK. Secondly, the issue of whether there are five or six people in the rented premises in which you live with your parents will not be a significant issue if the it is only the baby which will be the sixth person. There is more than sufficient space in which your husband can live. The important point is that he will not be a burden upon the public purse in England. Having somewhere to live will clarify that point for the Immigration Officer.
2. Thirdly, it does not matter that you were in overdraft in your account during the last 2 months, provided there was sufficient monies coming into the account on which you could live. Many people get into overdraft. What the Immigration Officer is looking at is whether your husband will be a burden upon the public purse or whether you will have to financial means to look after him as well as you. So, what is important is whether there is sufficient money coming into your account monthly to support you both.
3. Finally, legally speaking your husband has three lawful bases upon which he is entitled to come to the UK and live with you and your child. The first one is under the Zambrano judgment which grants all fathers (and mothers) of an EU citizen child the right to live and work in the EU to support their child. So in your application form, make sure it is stated that your child is an EU citzen child - UK or Croatian - and that your husband is the father of this child. Secondly, your husband is entitled to come and live and work in the UK because he is your husband and your are an EU citzen. Thirdly, your husband is entitled to come and live in the UK in accordance with Directive 2004/38/EC which gives the automatic right to the non-EU family of an EU national (you) to join them in the country in the EU in which they are residing. So your husband is more than entitled to come and live and work in the UK.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions