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Lawyer21
Lawyer21, CILEx Lawyer & SRA Accredited Immigration Adviser
Category: Immigration Law
Satisfied Customers: 2380
Experience:  CILEx Lawyer & SRA Accredited Immigration Adviser
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I need some immigration information, I'm a UK citizen and my

This answer was rated:

I need some immigration information
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I'm a UK citizen and my partner is a jamaican national
JA: Have you talked to a lawyer about this?
Customer: I have not donne anything with immigration yet as don't know where to start
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have previous paper work from immigration

Hi How can I help?

I will read your question and respond

When did you partner arrive in the UK?

When did you meet?

Customer: replied 2 months ago.
My partner is living in jamaica he was sent home 11 years ago he was an over stayer

Since he returned back to Jamaica - after this after you remained in contact and/or got married? Thanks

Are you there?

Customer: replied 2 months ago.
He has previously applied to come back but got refused as the partner he had at the time they did not believe it was a true relationship. We have been together nearly 3 years and have just had a baby

What is the nationality of the baby? British

So you are not married is that correct?

Customer: replied 2 months ago.
Planning on getting married when I return

I see and is your baby British?

Customer: replied 2 months ago.
British born 5 weeks ago

Is he named on the birth certificate?

If you are planning to get married - he can return back to the UK on a Spouse visa and the Home Office would also taken into account that you have a British child together. I will send out the requirement for you to meet - however if you cannot fulfil them the Home Office will consider to grant the visa on the basis of the British child.

The UK Spouse visa category is for partners of British citizens or persons with indefinite leave to remain in the UK, who wish to join, or stay with, their husband or wife in the UK. You can also apply for a UK Spouse visa if your Spouse is outside the UK, but intending to return to the UK with you.

Customer: replied 2 months ago.
What income do in need to have as I have 3 children to take into consideration

In order to qualify for a UK Spouse visa you will need to satisfy UK Visas and Immigration that you meet the following requirements:

  • Your partner is British or holds Indefinite Leave to Remain;
  • You are both over the age of 18;
  • You have met in person and are legally married;
  • Your relationship is genuine and you intend to live together permanently;
  • Any previous relationships have broken down permanently;
  • You will be adequately maintained in the UK without recourse to public funds;
  • There is adequate accommodation for you and any dependents;
  • You speak and understand English to the required level. - not required as from Jamaica - English speaking country
  • TB Certificate

If your children are British - you do not need to show any income for them.

In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy a financial requirement.

The financial requirement for a UK Spouse visa application states that you will need to demonstrate that your Spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:

  • £18,600;
Customer: replied 2 months ago.
Does that include payment for rent or just what I am paid monthly do they take into consideration dla

If you are not able to meet the requirements - such as income - they will then consider the application outside of the rules pursuant to Article 8 - family life and that you have British children together.

Customer: replied 2 months ago.
I get dla for my son

If you are not able to meet the requirements - such as income - they will then consider the application outside of the rules pursuant to Article 8 - family life and that you have British children together.

If you are on DLA for your son - you do not need to show the financial requirement - you would be exempt.

Customer: replied 2 months ago.
I'm not currently working will this affect anything
Customer: replied 2 months ago.
I don't understand

No it would not as you are in receipt of DLA and looking for your British son and children.

Customer: replied 2 months ago.
what is my next step in the process

You would need to submit a letter from DPW to confirm the amount you receive and show bank statements

You would need to get married and then look to apply for his Spouse visa. I will send you a link

Customer: replied 2 months ago.
I need a solicitor to fill out the forms and obviously make sure I put everything on it from when he was here previously

Yes that is correct -you need to make sure you obtain the marriage certificate, photographs, proof of your visits, evidence of contact, birth certificates, British passport, proof where you reside etc

Thank you for your question today

Before you go,

I would be grateful if you will give me a positive rating by clicking on the above stars and press submit. I would appreciate it

Customer: replied 2 months ago.
Can I apply for his previous immigration records

You should need to disclose his previous Immigration history in his application form.

Customer: replied 2 months ago.
I can apply for records held

Yes you need to let the Home Office know - the application form would ask you these questions when you applied - whether he has been in the UK - when he come, any visas applied for previously etc

The Home Office will already have his details.

Do you require any clarification or questions?

Customer: replied 2 months ago.
do I apply for his records because if I don't declare something they will decline the visa

You cannot apply for him - they are secure under Data Protection. He must have paperwork - when he came, when he left etc.

However, he can use this link to obtain Home Office record

I have now answered a lot of questions, I would be grateful if you will give me a positive rating. You will need to click on where it says Rating by clicking on the above and press submit.