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i am on indefinete leave to remain in uk i had applied for

 
T_Graham12's Avatar
  • Answered by:T_Graham12
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Customer Question

i am on indefinete leave to remain in uk i had applied for family visit visa for my wife to uk in feb which was refused we had appealed against the decision and then through visa consultant i am in the process of applyin settlement visa for her and just 2 days back we received a call from british high commission saying that our appeal is allowed and she will be granted family visit visa for 6 months what should i do now ? pls advice

Submitted: 1052 days and 11 hours ago.
Category: UK Immigration Law
Value: £11
Status: CLOSED
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Expert:  T_Graham12 replied1051 days and 20 hours ago.

Hi

 

Did they confirm they would write to you/your wife?

 

Tom

Customer replied1051 days and 13 hours ago.

yes they have confirmed that she is allowed to visit me in uk for 6 months i am not so sure what should i do is it allowed to apply for settlement visa for uk while she is on vist in uk pls advice

thank you

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Expert:  T_Graham12 replied1051 days and 12 hours ago.

Hi,

 

Yes, if they have allowed the appeal then this means that she can visit for the period of the visa.

 

If you wish to make an application for her to remain here permanently as your spouse then she will have to leave at the end of the visitor's visa and then make an application directly to the British Embassy. As she already has a visitor's visa the UKBA will look at this as being dishonest if she then applies for a spouses visa from here, they are very strict about that.

 

If you wish to apply for a spouses visa, you will have to show that:-

  • 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 suitable accommodation 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 (ice. spouses visa) by using form VAF4(A) 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.

 

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

 

Expert TypeSolicitor
Category: UK Immigration Law
Pos. Feedback: 97.4 %
Accepts: 1425
Answered: 8/3/2010

Experience: BA (Hons), PgDip, Practising Solicitor

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