Thanks for your question.
She will need to apply for a spouses visa (ie. Settlement) if she is to come here to settle with you permanently. He son will have to listed as a dependent of her application for a spouse visa. This is obviously subject to any rights the father may seek to enforce under Russian Law.
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:-
Se will also have to pass and English language test showing she has a basic command of spoken and listening English. You can contact the UKBA for details of test centres in her area.
She 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 your son and his 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:-
The visa will be granted for a period of 27 months. She can apply for indefinite leave to remain once she has been here for 24 months. 12 months later she can apply to be naturalised as a UK citizen provided she has not spent a lot of time outside the UK during the 36 months total.
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