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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6660
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am Pakistani national and married with British wife and have

Customer Question

I am Pakistani national and married with British wife and have 2 kids and we are living in Dubai from 4 years so can I apply for ILR from Dubai
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Are you all to return to the uk to live permnently?

Kind regards


Tom
Customer: replied 3 years ago.

yes

Expert:  Thomas replied 3 years ago.

Hi,

Thanks for your question.

You will have to apply for a spouses visa (ie. Settlement) if you are to come here to settle permanently. Despite the fact that you will probably be granted ILR upon approval of the application you will have to make the application in the normal way.

If the application is well prepared and you meet the following eligibility criteria then it will 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 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 without the need for public funds (bank statements, evidence of income)
• 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)
• 6. That neither of you are younger than 21 years of age. (birth certificates, passports)

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your wife going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your wife showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
• Evidence that she can speak English: http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners
• You should also include job adverts showing jobs available that your wife could do when she comes here and show, via your wife’s CV, that she has the qualifications and work experience that she would be a viable candidate for those roles
Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

You will also have to pass and English language test showing you have a basic command of spoken and listening English (which you obviously do from the well drafted nature of your question/reply). You can contact the UKBA for details of test centres in your area.

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 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

If your children do not have British Passports then they will either need to apply for one (if eligible), or be joined as dependents in the application by you for settlement.

If you can prove that you have both been married and cohabited together for a period of fours immediately preceding the date of your application then the UKBA will grant you Indefinite Leave to remain upon approval of the application You can naturalise as a UK citizen (if you wish) once you meet the criteria on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

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 3 years ago.
What if we want to come back in the UAE again so is it possible or I have to leave this country forever and do I have to apply in the UK embassy in UAE
Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.
Actually I have a business in dubai also so i have to be going and coming back all the time
Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  INC replied 3 years ago.
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Expert:  Thomas replied 3 years ago.
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Customer: replied 3 years ago.
You know why it is incomplete because I told you my wife and me we are living in Dubai and can you please check the second requirement above in your answer is that " you are present and settled in UK" and second thing is I do not have any accomodation there so how I can prove that and without settlement visa how can I own or rent property there, third my wife is a house wife and how she can show her bank statement I do not have job there I am a self- employed in Dubai and how can I show my payslips there.

Actually I am looking for indefinite leave to UK not to remain in UK but to come and go all the time because my business in Dubai is well settled I just want to have indefinite leave to get rid of visit visas all the time.

So please answer me these rightful questions then I will accept your answer.

Regards

Thanks
Expert:  Thomas replied 3 years ago.
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Expert:  Thomas replied 3 years ago.
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Expert:  Thomas replied 3 years ago.
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