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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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i have married a turkish national. i am a british citizen,

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i have married a turkish national. i am a british citizen, born in the uk. i work part time. i am unable to bring my husband into the uk because i do not earn enough. i do not have the option of moving to turkey as i have a 10 year old daughter at school and an ex husband who would not allow me to take her to live abroad. i have been married for 9 months.
Hi,

Do you and your husband have any savings? If so please state how much, you can meet the financial requirement via savings as well as income..

Tom
Customer: replied 3 years ago.


my husband has about £5000.00 pounds in savings. i do not have any savings. i do have parents that have funds that are willing to be sponser. i was told that i needed to have 63,000 pounds in my account for 6 months in order for my husband to be considered for a visa

Hi,

Would your parents be willing to gift that sum to you (ie. 63k) in a bank account in your sole name?

Tom
Customer: replied 3 years ago.


yes they would if necessary put that money into my account


 

Hi

Thanks for your patience.

If you are not able to meet the salary requirements and are not in receipt of a specified disability-related benefit or carer's allowance then I think this might be your only option .

You will see from the notes on the following UKBA guidance on then financial requirement for spouses that it is a requirement that you have this money in your account for a period of 6 months before you are able to rely on it:-

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary
Please refer to page 27. The advice you have received is correct.
You should arrange the transfer in to your solely named account from your parents as soon as possible. At the same time they should see a local solicitor about executing a deed of gift which confirms that the transfer is a gift and that the monies are yours to do with as you wish.
In four months time you should see a local immigration solicitor about drating his application for a spouse visa so that he can submit it as near to the 6 month period as possible and in such a form that will facilitate a swift approval.

It’s a very difficult situation and you have my sympathies, the salary threshold will eventually be challenged and be found unlawful but it’s going to take quite some time before we get there. At least you are lucky in that you do appear to have an option.

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Kind regards,


Tom
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