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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am 73 years old English man and a widower of nearly nine

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I am 73 years old English man and a widower of nearly nine year and in three weeks time I am going to the State of Missouri, U.S.A. to marry a 64 year old American widow. Then we intend to come back to th U.K. to live, I have my own house. What will we need to do to get a spouse visa for both of us to come back to England and how long will it take?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

Yes, she will have to apply for settlement (ie. a spouses visa).

To be eligible you must meet the following eligibility criteria:-
1. you are legally married to each other or have registered a civil partnership;
2. you are both at least 21 years old
3. you intend to live together permanently as husband and wife;
you have met each other;
4. you meet the English language requirement (which she meets already by exemption because she is from a majority English-speaking country,
5. you can support yourselves and any dependants without help from public funds
6. you have adequate accommodation where you and your dependants can live exclusively and without needing public funds.

You must prove the above criteria by submitting considerable supporting documentation. There is no exhaustive list of such documentation and you should submit anything at all that helps in proving the above:-
- passport photographs and her passport, copy of your passport certified as a copy by a UK solicitor.
- evidence of your age and your partner's age (birth certificates)
- marriage certificate (translated if necessary
- evidence that you were both free to marry or enter your civil partnership, if either of you was previously married or in a civil partnership (eg. certificate of no impediment to marriage
- personal bank or building society statements; and/or
- building society pass books; and/or
- letters from banks or building societies confirming funds; and/or
- letters from financial institutions regulated by the Financial Services Authority (or the home regulator, if the account is overseas) confirming funds
- evidence of the accomodation where you shall live (eg. land registry official copies of title if you own your own home, or tenancy agreement if you rent
- correspondence between you both showing that you have been in a relationship
- photos of times you have spent together
- evidence of the times you have met (eg flight/hotel tickets)


She will have to download and complete the UKBA's VAF4A form which is available for download from the UKBA website. SHe will have to submut this to the nearest UK embassy after preparing the supporting doucumentation.

It would be best for you to instruct a UK solicitor to prepare the application on your behalf. It will give you a much greater chance of success. They should charge around(NNN) NNN-NNNN VAT for them to prepare it and you can find local solicitors via:-
www.lawsociety.org.uk/choosingandusing/findasolicitor.law

I would caution at this stage that unless you are to spend significant time in the US following your visit that she is unlikely to be able to return immediately with you because the UKBA aims to determine such applications within 6 weeks of submission, but I'm afraid that they very frequently overrun).

It really is best to submit a full, thorough and cogent application drafted by a UK solicitor, because if it is refused then you will either have to appeal (three months at least until determination) or submit a fresh application remedying the defects.

She will be granted a visa for a period of 27 months. Once she has been here for 2 years she may apply for Indefinite Leave To remain provided she has not spent any more than 90 days outside the UK in any 12 month period. Once she has held ILR for a further 12 months she can apply to be naturalised as a UK citizen provided she meets the criteria on the following page:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/

If this is useful please kindly click accept so that I may be rewarded for my time. Your question will not close and you will be free to ask following questions on this thread relating specifically to this issue.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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