Thanks for your question.
The US spouse will need to apply for a spouses visa (ie. Settlement) if they are to come here to settle with you permanently.
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 spouse 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 spouse 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).. Or evidence that you can afford to rent or buy a property
- You should also include job adverts showing jobs available that the non-UK spouse could do when they come to the UK here and show, via their CV, that they have the qualifications and work experience that mean they would be a viable candidate for those roles
Further information here:-
The US spouse 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 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:-
The visa will be granted for a period of 27 months. They can apply for indefinite leave to remain once they have been here for 24 months. 12 months later they can apply to be naturalised as a UK citizen provided they have not spent a lot of time outside the UK during the 36 months total.
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