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 UK_Lawyer Your Own Question
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
Type Your Law Question Here...
UK_Lawyer is online now

I am an englishman married to a russian 10 years ago. She was

Customer Question

I am an englishman married to a russian 10 years ago. She was working and so we delayed getting her a visa for UK. the next year after marriage she had a stoke and was too ill to travel. Now almost 10years later she is off of medication but wheelchair bound but has no health issues affecting travel.
So my questions are these,
Can I ask for a spouses visa this end or does she have to go to the UK visa agency in St Petersburg and be interviewed for a visitors visa with me.
Can she stay with me here or must she return home after a specified period.
Would an EEA family stamp be necessary and availble for her in the UK or Russia.
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.
On what basis do you want her to travel to the UK as your spouse or for a visit?
Do you have £62,500 in cash savings?
Do you current earn more than £18,600? in Russia or in the UK?
Are you currently in the UK?
Kind regards
Customer: replied 3 years ago.

Good Morning thanks for responding I haven't answered before as this is my work email and I cant access at home.

That is the point I think I would prefer her to be on a spouse visa so that she could stay here with me; because as I understand it on a visitors visa she could only stay for 6 months.

I do not have £62,500 in cash at the moment but I could raise half of that if I had to liquidate assets but I was hoping to use that in my retirement.

I do earn nearly £25,000 in London

Do I have to have both the savings and the income or one or the other?

And Yes I am living and working in London

Customer: replied 3 years ago.

Well, I dont understand, I dont think that you have; you have merely asked for further and better details, but not answered the question.

I answered your further questions about my circumstances about income and domicile, and yet you haven't told me if I can officially have my wife here on a spouses visa.

You haven't said what documentary evidence I need to show somebody in London or St Petersburg.

You haven't said what documentary evidence my wife needs to show in St Petersburg.

Finally you haven't recommended any course of action in your expert opinion that fits me and my wife's circumstances and so in fact you haven't provided me with any information that I can see.

If you have given a reply but it is displayed somewhere else can you send me a link so that I can review the reply. Thanks

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply, I apologise for the delay in reverting back to you.
If you have been working in the UK with your employer for over 6 months then all you need to show is that you have been £18,600.00. So 6 months payslip and 6 months bank statements , letter from employer, as well as your employment contract, these would be sufficient to confirm your income.
You would need to provided evidence of accommodate , so either a tenancy agreement or mortgage papers as well as a House Report confirming your home would not be overcrowded if your wife was to live with you . You need to provide your marriage certificate, photographs of you and your partner since marriage, evidence of you being in contact with your partner in Russia and evidence of any monies you may have been sending her. If you were living with her in Russia for a point in time then evidence of this would also need to be provided to show subsisting relationship.
You only need to show income and not savings provided you earn over £18,600 gross, which in your case you do.
Your partner would need to undertake an English language test at level A1 in speaking and listening.
So to answer your original questions:
1. Unfortunately she would have to return to Russia and apply for a spouse visa from there, this is because the home office will not allow anyone to switch from a visit visa to any other type of visa from within the UK. You meet the financial requirements so , if you can sort out all your documents in the UK provide her with the application, book the appointment all from you the UK, all she would need to do is simply return home and apply for her visa.
2. She would need to return before her visit visa expires and can simply apply as soon as she returns provided she has all the documents ready.
3. The visa will be issued to her in Russia. You would not need to be in Russia for her to apply she can simply do this on her own, but if you wish to go for short visit to Russia you may do so.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards