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 UKSolicitorJA Your Own Question
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
Type Your Law Question Here...
UKSolicitorJA is online now

Hello, I am a British citizen. I am divorced and I wish to

This answer was rated:

Hello, I am a British citizen. I am divorced and I wish to remarry a woman from India, (with whom I am in regular communication). I wish for her to come and live with me in the UK. I understand that I need to have an annual income of £18,600. At present I only have an annual rental income of £15,600. I run my own film and television company, plus have been developing projects to attract finance. It has been a struggle and I have not been able to pay myself for the last few years. I am also working with other partners, but again have not been paid yet. The hope is that there will be interest in the future in our projects. Last few years I have been living off only my rental income. I only have the property I am renting out and my mortgage payments are affordable, (under £400 per month). I am living with my mother in her house, which helps me to save on costs. There are only the two of us living in her house. My daughter comes to stay with us during her holidays. My mother wishes to help me and has agreed for me to continue to live with her in her house even after I get married. I have around £60,000 worth of savings in UK banks. I am not in receipt of any UK benefits. I understand that the person I wish to marry will have to pass an English test and other tests in India so that she can live with me in the UK after we are married. My concern is that my rental income is not sufficient to satisfy the rules and my savings will not be considered. Please could you advise if this is the case? Is it the case that I should find employment or even part time employment which pays £18,600 before I get married? I am planning to go to India at the end of August to meet the person I wish to marry. Please could you advise what I should do because we both wish to marry and to live together in the UK? Would I need to engage a solicitor in the UK or in India? I look forward to hearing from you. Regards Raj.
Hello Raj,
The good news is that your rental income and savings combined are sufficient to meet the financial criteria for the UK spouse visa.
In fact, if you have savings of at least £62500 for 6 months in your bank account, that alone is sufficient to meet the requirement without you having to show any income on top of the savings.
You should appoint a solicitor in the UK as Indian lawyers will not be able to advise on UK immigration law.
You may either get married in the UK in India. If the UK, she would need to apply for a fiancée visa which permits her to come to the UK to marry you and then you can switch into a spouse visa.
Hope this helps
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much for your answer. Please may I request further answers from you?

I am planning to get married in India, therefore should I apply for a spouse visa after my marriage? Plus, I have been told to bring evidence of last six months bank statements, statements from savings accounts, gas and electricity bills, telephone bills, council tax evidence, letting agents letter to confirm the rental income, plus I need a letter from a solicitor to confirm that I and my wife can live in my mother's house. Do you agree with this advice, and if so, is there anything else I should take to India with me?

I have been informed that the person that I wish to marry will have to take an English test in India. English is a second language for her. Will she have to take any other tests?

How long does the whole process normally take? I guess what I am asking is how long before my wife can come to England to stay with me?

I am not sure about the home office rules on UK Spouse Visas. Please may I also ask, is it I who has to apply for the UK spouse visa, and if so, can it be done in India after our marriage, or once I return to England?

Sorry if I am not being clear above. It is just we are a little nervous about rules in India, plus the UK immigration rules. I would like to be as prepared as possible when I arrive in India.

I look forward to your response.