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Buachaill, Barrister
Category: Law
Satisfied Customers: 10972
Experience:  Barrister 17 years experience
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Madam, I am writing to inquire in regards to

Customer Question

Dear Sir/madam, I am writing to inquire in regards ***** ***** for the UK spouse visa application for my husband. I am a UK citizen and i too am a Croatian citizen. I have a full time job and been living in UK since 1999. My husband is Serbian citizen.
I am in the process of doing the visa application but its confusing as to what type of visa do we apply for: "apply to join family living permanently in UK"? or "apply to remain in the UK with the family?" Furthermore, i was married to my husband for a 1 and
a bit and last year we got divorced due to long distance and travel expenses on my part. During the whole divorce procedure we have been in touch and saw each other, travelled together and never stopped speaking. I have been financially supporting him at all
time we been together. We got married this year again and are expecting a baby in two weeks. As i am staying with my parents, in the tenancy agreement that my parents have with the agency its says that 5 people are allowed to live in the property. However
it two weeks it will be 6 with our baby. I have made photo's of the cot bed, wardrobe for baby and other baby staff that can fit in the same room as i am sleeping in with my husband soon too. My concern is that it might be a problem as that is what i heard
from other people that applied? Please advise what should i do? There is enough room for all of us, please advise whether the tenancy agreement issue will be a problem with immigration officer? On the other note i printed bank statements for the last 13 months,
is that enough? My other concern is that i been in minus as in using my full overdraft facility for the last year... will that be a issue for immigration team when they are deciding for the visa? Although i been out/clear of the minus/overdraft for the last
2 months... Please advise me how much will be the health surcharge and application for my husband? Also please advise me is there a way of my husband coming to UK as I am a Croatian citizen? I look forward to receiving your prompt replay. Thank you in advance
for your help. Best wishes,
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Here, your husband will be making an application to "apply to join family living permanently in UK", as you are his family and you are living permanently in the UK. Secondly, the issue of whether there are five or six people in the rented premises in which you live with your parents will not be a significant issue if the it is only the baby which will be the sixth person. There is more than sufficient space in which your husband can live. The important point is that he will not be a burden upon the public purse in England. Having somewhere to live will clarify that point for the Immigration Officer.
2. Thirdly, it does not matter that you were in overdraft in your account during the last 2 months, provided there was sufficient monies coming into the account on which you could live. Many people get into overdraft. What the Immigration Officer is looking at is whether your husband will be a burden upon the public purse or whether you will have to financial means to look after him as well as you. So, what is important is whether there is sufficient money coming into your account monthly to support you both.
3. Finally, legally speaking your husband has three lawful bases upon which he is entitled to come to the UK and live with you and your child. The first one is under the Zambrano judgment which grants all fathers (and mothers) of an EU citizen child the right to live and work in the EU to support their child. So in your application form, make sure it is stated that your child is an EU citzen child - UK or Croatian - and that your husband is the father of this child. Secondly, your husband is entitled to come and live and work in the UK because he is your husband and your are an EU citzen. Thirdly, your husband is entitled to come and live in the UK in accordance with Directive 2004/38/EC which gives the automatic right to the non-EU family of an EU national (you) to join them in the country in the EU in which they are residing. So your husband is more than entitled to come and live and work in the UK.