Hi,
Thanks for your reply.
He would have to apply for a spouse visa from outside the UK. There is a financial requirement, but if they have properties which they can sell and realise a minimum of £62500 so that they hold this amount when they come to apply for the visa then they will meet this requirement.
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
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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}·
He will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement when the time comes, 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
You may consider instructing a solicitor to prepare the application when the time comes because it is quite a complicated one.
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Kind regards,
Tom