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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear lawyer, I am a postgraduate student, on a MBA full-time

Customer Question

Dear lawyer,

I am a postgraduate student, on a MBA full-time course in London. I got married on 10 April 2010 to my partner, in Church of England, in a local parish where we live. He is a British citizen and we have been engaged for 3 years now. One year ago, on 4 June 2009, our daughter was born. She is also a British citizen holding a British passport. I am Albanian.

I want to apply for a spouse visa, as currently I am residing in UK on my student visa. Can I apply directly to Home Office in UK? What is the procedure that I should follow without having to go back home, as I don't want to be separated from my family?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

 

Hi,

 

Thanks for your question.

 

You have two options open to you. You can either apply for a spouses visa of your British citizen wife or apply under the points based system.

 

I would have thought the easiest would be to apply for a spouses visa because you have to renew workers visas..

 

You will have to show:-

  • 1. That you are legally married to each other (marriage certificate)
  • 2. You have met before (statements, correspondence)
  • 3. You are not in breach of the immigration rules (your visa)
  • 4. Your decision to marry was not due to you potentially being deported)
  • 5. Your wife's present and settled in the UK (eg. Passport, proof of accommodation)
  • 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
  • 7. You can support each other without the need for public funds (bank statements, evidence of income)
  • 8. You have suitableaccomodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • 9. That neither of you are younger than 21 years of age. (birth certificates, passports)

You will need to apply for settlement (ie. spouses visa) by using form FLR (M) Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.

 

Your wife can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi,

Thank you for your help. I think we as a couple can fill all the above conditions as my husband owns his house and has its own business.

I am the Albanian wife and I am still not clear if I should hire a solicitor to follow my case? Where should I submit the form FLR Settlement?

My major concern is how long does this procedure take? Once I apply do I submit my passports or photocopies? If I have to submit my passport this will mean can't leave UK for the whole duration of the process

Kind regards,
Evisa
Expert:  Thomas replied 4 years ago.

Hello Evisa,


Thank you for your accept.

 

The application should be sent to the UKBA, you can get there address through their website. The form also lists the documents required to be submitted with the application.

 

It would be best for a solicitor to either prepare, or at least check, your application to give you the best possibly chance of success without the need to appeal.

 

Generally, the UKBA aims to process all applications within 6 months of receipt.

 

Kind regards,

 


Tom

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