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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6375
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been advised to get immigration advice by the border

Customer Question

I have been advised to get immigration advice by the border agency helpline. I am a British citizen who has returned from the US after 30 yrs and want to get permission for my American wife to stay here with me. She is in the country legally till Oct at least, and I can't go back to the states. I applied for a visa for her before we came over but it was rejected. Can I get any credit for the $1170.00 that cost and can you help get her a residency status?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.

Experts are not permitted to receive instructions from customers. This website is for general advice and guidance, which I can give you for your situation.

To enable me to answer your question could you please respond to the following using the same numbering:-
1. When she entered the UK recently was this on a visitor’s visa
2. Why was your application rejected
3. When was it rejected
4. Were you given leave to appeal
5. Until you returned recently had you and your wife been married an cohabited for longer than 4 years
Kind regards.
Tom
Customer: replied 2 years ago.
Yes she is here visitihg with a return ticket (no actual visa) with legal entry through Heathrow.
Several reasons, Applied for ten years, No funds for a return journey(even though she had a return ticket) insuficient vissible means of support($1650.00 pcm), nowhere to stay(we are living at my sons in weymouth, and I gave them my Sisters address).
We recieved the rejection letter on July 27th
There was something about appeal in the letter but it was confusing and I believe it said I can't appeal there decisions only there treatment.
We got married on March 23 1996 in Macon Georgia USA.
Please explain more about not receiving instructions? Can I hire you if I like you?
Expert:  Thomas replied 2 years ago.
Hi,

That's what I mean about instructions - you cannot hire me privately, it is not permitted by the site rules.

1. Can you tell me the form you used to make the application for her to stay her permanently

2. Have you cohabited for more than 4 years prior to coming here.

I have an expected meeting now I'm afraid I will be able to reply in 30 mins or so, is this okay?

Kind regards,

Tom
Customer: replied 2 years ago.
I will have to dig out the inform ation on the form but it was the only one available on the web site in the US.
We have lived together for 18 years.
I have to go out also how do I get back in touch with you later?
Expert:  Thomas replied 2 years ago.
Hi,

Yes, can you find out which form and come back to me. I will be able to answer when you do.

If you wish to ask another quesiton you can simply use my profile to request me, or mark your question "FAO Tom". However it is quite likely that you will need to instruct a solicitor directly to help you.

Kind regards,

Tom
Customer: replied 2 years ago.
I will get back to you with it
Can you sugest an immigration lawyer for me to contact?
Expert:  Thomas replied 2 years ago.
Hi,

Would you not prefer for me to advise you initially once you have obtained the details of the form, so that you can explain what you need when you phone them up for quotes?

Kind regards,

Tom
Customer: replied 2 years ago.
VAF 4 A I believe this is the form I used. And yes I will take all the advice you can give me
Expert:  Thomas replied 2 years ago.

Hi,

Thanks for your question.

You will need to apply for a spouses visa (ie. Settlement). You will have to switch in to this category from your present one, you can do this provided you are not in breach of the conditions attached to your present visa.


If the application is well prepared and you meet the following eligibility criteria then it may make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other (marriage certificate)
• 2. You are present and settled in the UK (eg. Passport, proof statement from you stating that you have returned to the UK to stay here permanently and are looking for accommodation where you can both stay)
• 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 without the need for public funds (bank statements, evidence of income/assets available to you)
• 5. 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 – or evidence of places where you are presently attempting to secure occupation)
• 6. That neither of you are younger than 21 years of age. (birth certificates, passports)
The key to showing that you meet the maintenance criteria is showing that between you have enough income/assets that you will be able to pay for your accommodation and living expenses without having to access public funds (this is prohibited). Here is the UKBA webpage on the documents required:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

In addition you should also show that there are jobs in the area where you are to settle that you wife could apply for so that there will be an extra income to help you prove the maintenance criteria above.

The sticking point for you at the moment is accommodation. You have to give them evidence of the place where you shall both live for the probationary period of her spouse visa (ie. 27 months). Until you have secured this and are able to produce evidence of it you are going to find it extremely difficult to show the UKBA that you meet this criteria. If you are to live permanently with your brother then he will have to produce a statement to this effect and you will also have to have a House Report completed by a solicitor detailing the property and the fact that it is adequate to house you all.

The application will have to be supported by evidence proving the above eligibility criteria. I have suggested basic documents above, but the list is not exhaustive.


You will need to apply agai for settlement (ie. spouses visa) by using form VAF4A 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 of you before submitting it to ensure the best possible chance of success upon determination by the UKBA.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Usually the visa will be granted for a period of 27 months. She could then apply for indefinite leave to remain once she have been here for 24 months. 12 months later you can apply to be naturalised as a UK citizen provided he has not spent a lot of time outside the UK during the 36 months total.

If you demonstrate to the UKBA that you have in fact been married/lived together for 4 years prior to your application then I would expect the UKBA to give her indefinite leave to remain straightaway.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 2 years ago.
As far as a job goes, she dose not have a work permit, she is a disabled person in the US and receives government monies as a result. I am currently looking for work. We have now rented a flat oof our own and are moving in next weekend.I am applying for assistance at the job centre. Is this allowed? I have been told that next year I am entitled to Pension Credit because I have been removed from the US and my green card revoked. How much difference dose that make?
Expert:  Thomas replied 2 years ago.
Hi,

The key to public funds is that you should not claim any additional public monies as a result of your wife coming here.

If you claim only those monies that you would claim even if your wife were not coming then you will be able to argue that you still meet this criteria. You (or your solicitor) would have to make this argument in your application.

Why were you removed from the US and why was your green card revoked?

Please click accept - I will continue to answer your questions.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
I got caught up in a mess in Bermuda and ended up pleading to money laundering. Because the amount of money involved was more than $10,000 it made it an Agrovated Felony in the eyes of America and caused the removal.
I clicked the accept and possitive feed back, then used the back buton to get back to this page, is that OK
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.
There is no financial penalty involved and nothing outstanding against my wife. The case is closed.
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.
On the web site that I now have access to, form FLR(M) is the one I should use for her. You stated VAF4A which is the one from America and dose not seem to available on the web site I'm on. The FLR(M) 550GBP the other is $1149.00. The FLR form is to extend her current permited stay for the 24 month provisional period. Is this the way to go?

PS If I can afford it I do intend to enlist the services of a lawyer.
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.
Are you saying we cannot do it from this side, that she has to go back?
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.
I am not sure what she is here on at the moment. It is the way she has always come over, just fly in and get her passport stamp at the airport. I am going to try to attach the refusal form for you to see.

Attachment: 2011-09-05_131149_scan0004.pdf

Attachment: 2011-09-05_131241_scan0005.pdf

Some of the problem was me not filling out the application properly. I do have a copy of that somewhere but I can't put my hands on it. We are living out if suit cases, with most of them stored in the back of our car.
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.
OK but a lawyer on this side can handle the application is that correct?
Do you think we can sve any of the money from the first application or is that gone?


Stephen
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.
Thank you Tom. I think we have gone as far as we can this way and I am very greatful for your help.


Stephen
Expert:  Thomas replied 2 years ago.
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