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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7724
Experience:  UK Lawyer holding practising certficate for England & Wales.
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We've been married for 30 yrs, and been living in Perth

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We've been married for 30 yrs, and been living in Perth Western Australia since 1997...I am a British Citizen (with Permanent Residency in Australia) and my wife is a New Zealand Citizen...We wish to return to the UK to live(having got married there, and then lived there for 9.5yrs before emigrating)can you please advise us as to the type of 'visa' for which my wife should apply ..thanks for any help...kind regards ***** ***** and Mrs Joanna Weare, Perth Western Australia

Hi,

Thanks for your question. I will try and help

Do you have any minor children who would intend to return with you?

Do you have cash savings between you in excess of £62500?

Kind regards,

Tom

Customer: replied 9 months ago.
Hi Tom....no, we don't have any children to take back, our son is 22 and staying here,yes we have the savings, we've looked at the UK government website, very confusing that is....the type of 'visa' that came closest to matching our needs was a 'settlement visa'....but, apparently, I need to be already living in the UK before I can 'sponsor' my own wife to join me..!!!!...we got married, had 2 children,have family and friends, have joint bank accounts, properties providing an income from the rents, all in the UK...and yet, if I want to return with my wife with a view to retirement...I have to leave her here first..??..surely there must be an easier way...?...any advice you can give will be greatly appreciated....thanks again..have a good day...Greg and Jo Weare

Hi,

Sorry for the delayed reply.

There is a way. I just need a bit more information because there is a financial requirement.

Do you have cash savings above £62500?

Do you receive income from rents for property that you own in the UK? If so, how much>

Are you employed in Austrailia and if so what is your annual income?

Kind regards,

Tom

Customer: replied 9 months ago.
as I said in my last response, we have the savings....and we have over 21,500 pounds in annual rental income, yes we are employed over here, we understand that there is a financial requirement, but you don't need to know our entire financial history, if, as you say, there is a way, then can you please just point us in the right direction, you know...something like..."you could try applying for 'this' visa or 'that' visa, etc., etc...", that's all we need at the moment, if we want specific help or information, then we'll specify, but for now we'd just like an answer please...thanks again for your time...hope to get an answer of some sort soon...regards...greg and Jo

Hi

Thanks for your question. I will try to help.

She will have to apply from a spouse visa and have this issued before you travel to the UK.

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_Requirementse.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

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.

Because you have cash savings in excess of the required amount under the financial requirement then provided you are able to adequately evidence these in accordance with section 7 of the above financial guidance link then you will meet the requirement without having to relying on any employment or other income, but it is a good idea to detail your other income any way just as additional ballast to your cash savings so that the application is seen as not particularly controversial

She will need to apply for settlement (ie. spouse visa) by using form VAF4A Settlement, 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

The visa will be granted for a period of 33 months. She will have to apply for further leave to remain at the end of this time. She can apply for indefinite leave to remain once she has been here for 5 years. After that she can apply to be naturalised as a UK citizen.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas and 3 other Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.
Fabulous, that's just what we were after...thank you so much for your time and help, it really is appreciated..have a good day...kindly regardless...greg and jo

Dear Greg and Jo,

Thank you and good luck.

Tom