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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My question is for on the behalf of my family member- My

Resolved Question:

My question is for on the behalf of my family member-

My bro expired in accident & has a wife & 7yr old kid. My brother held the Indian passport & His wife ( my sis in law) holds a British passport holder. They have been living in belgium for the past 3yrs and running businesses there.

After the death of my bro after 6 months, my sis in law got married to another guy XXXX, who is in india & holds an indian passport.

Q1- what is the procedure for immigration to UK for XXXX?
Q2- Is it easy for XXXX to immigrate to UK or belgium?
Q3- They have registered their marriage 4 months after the death. Will the UK immigration see it as a fraud?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Where are they at the moment?

 

How long has your sister in law been married to her new husband?

 

Tom

Customer: replied 3 years ago.
My Sis in law came to uk after her marriage & is currently in uk. She came in march 20/2011

The other guy is still in india . They. Married in march only but didn't register their marriage yet.
Expert:  Thomas replied 3 years ago.

Hi,

 

You will have to contact a Belguim attorney for advice on their immigration system, this is a UK law forum and there are no such attornies on this site.

 

The eligibility crtieria for a spouses visa is as follows (suggested supporting documents in brackets):-

 

  • 1. That you are legally married to eachother (marriage certificate)
  • 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
  • 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
  • 4. You can support each other withoutthe need for public funds (bank statements, evidence of income)
  • 5. 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)
  • 6. 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 VAF4 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.

 

He will also have to pass and english language test showing he has a basic command of spoken and listening English. He can find out approved test providers in his area by contacting the UK embassy nearest to him.

 

Because of the lack of time between the death and the marriage the UKBA may have douibts as to the genuineness of the marriage so the primary focus of the supporting documents (eg. statements and documentary evidence (correspondence etc)) should be to substantiate the fact that this is not a sham marriage.

 

It would cost around £800-1000+vat for a solicitor to prepare it on his behalf, or around £300+vat for them to check it. They can prepare it before you leave so that once you are married he can submit it straight away.

 

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

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

 

The UKBA aims to reach a decision on all applications within 6-8 weeks of submission.

 

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

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Experience: BA (Hons), PgDip, Practising Solicitor
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