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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an Irish Citizen living and working in the UK for 2 years.

Resolved Question:

I am an Irish Citizen living and working in the UK for 2 years. I am about to marry a woman from the Philippines in the Philippines. My question is. When we are married what visa does she apply for to come live with me here in London. I have looked in detail on the British Border agency and am unsure which visa applies. The supporting documentation also seems quite tricky on the Border Agency website. I am looking for some guidance. Can you help me?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

She needs to apply for settlement. It would be the same form of application if she were applying for a visa to come here and marry then live with you.

 

If the application is well prepared and you meet the following eligiblity criteria then it may make the applicaiton easy and quick to decide upon for the UKBA thus getting her approved quicker. The eligiblity is as follows for here, with 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)

If you are in doiubt about whether to submit a document, it is generally best to submit it.

 

You will need to apply 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, because the UKBA will try and catch you out any way they can.

 

It would cost around £800-1000+vat for a solicitor to prepare it and £300-350+Vat for a solicitor to check one that you have prepared.

 

The visa will be granted for 27 months and if she remains in the UK during this time then she will be able to to apply for indefinite leave to remain immediately before the visa expires and, 12 months after receiving ILR, to be naturalised as a UK citizen if she so wishes.

 

 

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

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Tom,

 

Thank you kindly for your advice, which is very well recieved.

 

Can I ask a follow up question on the accomodation. I am currently living with my aunt in London. My Finace is living in accomodation in the Philippines on which i am supporting financially.

 

Is it critical to my Fiances application for settlement that I have accomodation in place (being an apartment for rent) prior to us making her application. I was hopeful to organise this accomodation after she recieves her visa. In the unlikely event that she does not get the visa I do not wish to be left with an apartment to rent of which I will be signed into a 12 month contract on. Will the UKBA accept an undertaking from me that this will be in place on her arrival. I can back that up with enquiries I will make with a suitable landlord. I can also back this up also with a statement of means or any other information that I may deem relevant.

 

Regards

 

 

Cronan

 

 

 

Expert:  Thomas replied 3 years ago.

Cronan,


Thanks for your kind accept.

 

Being perfectly honest, it's not ideal. You would have to make a statement to the effect that you will obtain accomodation and provide a letter from the landlord'/agent that you have an agreement in principle to take a tenancy and also a statement from your aunt saying that she shall accomodate you both in the event that the tenancy falls through until you are able to secure an alternative tenancy.


Kind regards,

 

Tom

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you

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