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Lawyer21
Lawyer21, CILEx Lawyer & SRA Accredited Immigration Adviser
Category: Immigration Law
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Experience:  CILEx Lawyer & SRA Accredited Immigration Adviser
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My sister is in the U.K. at the moment and she holds a uk

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My sister is in the U.K. at the moment and she holds a uk residence card
Her husband lives in Pakistan at the moment and she wants to bring him here Permanently
Can she do that? Is so what’s the procedure

Hi How can I help?

I will read your question and respond

Who is the EEA National?

Is your sister the Non-EEA National on a 5 year Residence Card?

Customer: replied 1 month ago.
She is a non EEA member of a EEA national

Who is the EEA national?

Customer: replied 1 month ago.
She has been here for seven years now and she got her residence card after 5 years
Customer: replied 1 month ago.
My father

This is important in order to determine whether or not her husband can come and join her in the UK.

So it should be your father that should apply for Son in law to come to the UK with a EEA Family permit. Your sister will not be allowed to bring her husband as she is a 'Dependant' on her father.

Customer: replied 1 month ago.
Unfortunately my father has passed away

Sorry to hear about this.

When did he pass away? Is there any reasons why your sister did not apply for PR after 5 years

When does her residence card visa expire?

Customer: replied 1 month ago.
Is residence card not a permanent residence

Once you complete 5 years then you can apply for permanent residence. Does she have a residence card or a Permanent Residence card?

If she has PR, then she can apply for him to come to the Uk.

Customer: replied 1 month ago.
This is my card but that’s card she has aswell

Perfect - this is not a residence card - but Permanent residence card.

Therefore, she can apply for her husband to come and join her in the UK.

Is your sister working?

Customer: replied 1 month ago.
Not at the moment

Is she receiving any benefits?

When did she get married?

Customer: replied 1 month ago.
About 4 years ago
Customer: replied 1 month ago.
But she has only got this card just over a year ago

I will set out the requirements of the Spouse rules.

Customer: replied 1 month ago.
Would she have to pass the life in the U.K. test and apply for a British passport and then apply for her husband
Or can she apply for him now

She can apply now as she has PR- which is similar to indefinite leave to remain in the UK.

She would need to pass the Life in the UK test and B1 Listening and Speaking test to apply for naturalisation as a British citizen. Once the application is successful - she would be issued with a certificate and can use this to apply for a British passport.

The same would apply for you need to pass both tests and then can obtain certificate and use this to apply for British passport.

Customer: replied 1 month ago.
Yea I’m just studying for that at the moment
Customer: replied 1 month ago.
Quit hard test isn’t it

In order to be naturalised as a British citizen, you will need to meet certain statutory criteria with regard to your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character.

Apply for UK Citizenship:

If you are not married to a British citizen (or do not wish to rely on your marriage to a British citizen) the Home Office must be satisfied that:

  • You were in the UK on the day five years before the date of your application;
  • You have not been absent from the UK for more than 450 days during the intervening five year period;
  • You have not been in the UK in breach of the immigration laws at any time during that five year period;
  • You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
  • You are not subject to any limit on the period for which you may remain in the UK and have not been subject to any such time limit at any time during the 12 month period immediately preceding the date of your application;
  • You are of good character;
  • You have sufficient knowledge of the English, Welsh or Scottish Gaelic language;
  • Your intentions are that if your application is successful your home (or principal home) will be in the UK.

You should be fine practice makes perfect.

Thank you for your question today.

Customer: replied 1 month ago.
Do you know like what is the procedure and requirements for her to bring her husband here
She has one child as well

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.

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; plus
  • £3,800 for a first child

If the sponsor is on benefits, they meet the income requirement if they receive one or more of the following:

  • disability living allowance
  • severe disablement allowance
  • industrial injury disablement benefit
  • attendance allowance
  • carer’s allowance
  • personal independence payment
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme or
  • Police Injury Pension

Other benefits are not accepted as source of income, and cannot be relied upon.

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 1 month ago.
Is there any other way
Such as if she has certain amount of money in her bank rather than working

Yes, £62.500 in savings held for six months

Lawyer21 and other Immigration Law Specialists are ready to help you

£62,500 is for her husband, plus the child £72.000

£18,600 x.2.5 plus £16,000 = £62.500 for her husband

£18,600 plus for the child £3,800 =£22,400 x 2.5 = £56,000 plus £16,000 = £72,000.

if you do have any questions, kindly open up a new post/question and mark for my attention Lawyer21. Many thanks