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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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I have accounts for six months and other papers ready up to

Resolved Question:

My wife wants to apply for settlement visa for UK from Pakistan.I have got my bank statements ,ending October 2011.  for six months and other papers ready up to October 2011. I will be further delayed as I want to go to Pakistan and help my wife to file the application in early January,2012. How much delay is acceptable by the British Embassy to accept her application with papers prepared in October 2011. Please give the list of the documents she has to file. I am freelancer and as I only came back for the last 3 months from Pakistan, I am using the money for my professional needs and for myself, can I make my own accounts and projected accounts with my declaration that I have not deposited all of earnings into my account. Please indicate which English test she has to pass in Pakistan and if she also need to pass after studying the printed questions and answeres available from the Internet.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 3 years ago.

Awan-Legal :

Hi

Awan-Legal :

You say that you only came back from Pakistan for the last three months - which dates were you in Pakistan?

Customer:

Instead of making an application for settlement for my wife when I got my Pension in 2006, I was already married to her for four years, in \Pakistan, I was chasing DWP for extra Pension for my wife and it was in 2009 they sent me certain forms for her and for me to fill and gave this extra pension just recently but paid only for two years. DWP made a lengthy investigation into my marriages and divorces in the past therefore I felt it was not wise to apply for her settlement visa. while all documents were engaged with DWP. Because I got all my children from previous marriage settled here in UK

Customer:

I was travelling more frequently to Pakistan that DWP checked all my passports held since 1993 and declared that Iwas resident in Pakistan till 1st July 2011 and since July 2011, I am permanently settled in UK based on my 3 months leave allowed to stay away from UK. As I had no work in Pakistan and I lived on my savings,I have started work since Sept 2011 as professional freelancer.

Customer:

I have been self employed in UK ever since 1967, have never claimed any housing benefit or unemployment or social security. I am also getting £350 as pension and got a recent contract at £250 per week and hope to get more in future as I am able to go to German speaking European Community as used to work in Germany before I came to UK. I have tried to convince the Immigration that if I am supporting my wife and four children for the past 9 years I may continue to do in future plus my wife can work as she will leave children with her parent. Thankyou for your interest and hope to get guidence from you.

Awan-Legal :

Hi

Awan-Legal :

This question has been closed? Are you able to reopen so that I can answer and then you can accept my answer? Thanks

Customer:

Thank you , I feel confident that you can reply with your full knowlege in Immigration particularly concerned with making application from Pakistan.I am given general information which is not enough.My case is complicated with the fact that I had previous marriages and divorces whichluckily is sorted out by DWP who considered adult dependency claim and approved it.I like to know if is in her favour or against her intended application.DWP has stopped that payment with note to restart when she will start to live with me in UK. I may have to submit the DWP correspondance file to ensure home office do not duplicate the investigations already done by DWP.

Customer:

I will be going to Pakistran next month therefore I will prepare my statments and try to get a partial account and projected account.I will be living with my family in exclusive room for me and my wife at £200 per month inclusive of bills and Council tax paid by my family. If £1100 plus £350 my pension,total £1350, less 200 ,will £1250 be enough for couple to live in Wales where living is a bit cheaper than in London.

Customer:

My wife will work as well when she will find a job here which she got good chances as she has passed and worked in a beauty parlour in Pakistan. Her parent will take care of our 4 school going children there till they got their British Passports. I will get my son to be cosponsor who is a doctor. It will be important to know if she will be able claim her adult dependency claim which will be £250 per month from DWP when she come to UK.

Awan-Legal : Hi, she will not be able to claim dwp whilst she is on her spouse visa for two years. She will need to wait until she has indefinite leave. You should explain that she will not claim dwp with you as you were not aware of the law relating to this when you applied and your income/pension is enough to cover her maintenance in the UK.
Awan-Legal : With regards XXXXX XXXXX you will need to get these prepared by an accountant as the home office will not accept these otherwise, projected accounts and a letter from your accountant. The money entering your account should reflect the income so it is vital this matches and you start entering the cash into your account. You should explain that you did not deposit the cash earlier as this was used for your expenditure.
Awan-Legal : You should also submit hmrc registration, tax receipts or self assessment returns, vat registration if any, to show you are paying tax.
Awan-Legal : The bank statements should date back a minimum of three months from when you apply. You cannot rely on just the October ones an will need from october to January of that is when you will apply.
Awan-Legal : The funds are enough to support your wife but if your brother is also helping, he will need to give a letter of support, his three months bank statements and three to six months pay slips. If he also supports you with a further £200+, then you can also apply to sponsor the four children (although you may need to get bigger accommodation).
Awan-Legal : I will send you the list of documents shortly. Just bear with me please while I get these together.
Awan-Legal :

Telephone bills showing calls to your spouse;


 


Correspondence between you; emails


 


Greetings cards;


 


Marriage certificates; original and translation


 


Certificates of divorce of any previous marriages;


 


Wedding photographs; other photos of you together


 


Financial evidence, such as bank statements, pay slips etc.; 3 months


 


Evidence of employment and terms of employment;


 


Evidence of any relevant job offer and terms of such an offer;


 


Evidence of qualifications for any relevant offer of employment;


 


Evidence of ownership or tenancy of accommodation and letter from landlord to confirm spouse can join you at no extra cost


 


Evidence of adequacy of accommodation eg letter from local authority/housing report if applying for family


 

Awan-Legal :

You should also add your recent contract at £250 per week.#

Awan-Legal :

birth certificates of any child applicants

Awan-Legal :

Phone bills should be itemised and show regular calls/texts to your spouse

Awan-Legal :

Any visit visa stamps to show you are visiting her regularly

Awan-Legal :

Money remittance slips

Awan-Legal :

You will also need to give a copy of your passport

Awan-Legal :

The UKBA English language test is very basic and easy to pass for a person who has some primary level of school education abroad. If your spouse has not done that and cannot speak/understand basic English then please ask him/her to start taking some language classes abroad.

Please go through this page to find out what this English test is like:
http://www.coex.org.uk/samples.html

To find out any UKBA approved exam centres in your country:
http://www.coex.org.uk/cieltExam.php


 


To get help with the English language test and practice go to:



http://ielts.org/teachers.aspx

Click the listening and reading and download the pdf files. These will give you some idea of how to prepare and what to expect in the test and how they are conducted.


 


 

Awan-Legal :

The UKBA approved list of providers is as follows, you will need the documents and scoring as stated in this:

Customer:

Thank you for your answers to my questions and its very helpful to know the list of documents you ARE GIVING ME. pLEASE NOTE THAT MY WIFE IS ENTITLE TO SETTLEMENT VISA AS WE LIVED TOGETHER MORE THAN FOUR YEARS IN pAKISTAN. Is it wise to include all the correspondance I had with DWP as due to my previous marriages and divorces they may open lots of questions about her status to accept as my wife. If we say children will remain in education in Pakistan may take the load of showing larger accomodation here and will have to show more larger income . Do I have to submit a letter from my inlaws in Pakistan that theycan afford to keep our children there till we are ready to take them to UK.

Awan-Legal :

You will also need evidence to show that you have lived together for four years in Pakistan and she should then get indefinite leave to enter - after which she can actually apply for DWP. You do not necessarily need the letter about the children at this stage - you can submit this when you make their applications, although it may be helpful to add this now just for a background to the case and so it is on record for the future.

Awan-Legal :

If you wish for assistance with your application, you may go to a lawyer approved by the OISC or SRA.

Awan-Legal :

I hope that answers all your questions. If so, please click accept on my answer so that I may be rewarded for my time. Much appreciated.

Customer:

Please indicate that should I send that file which is of hundreds of pages to the enquiries conducted by DWP which again include many documents they required,as certainly they may start investigation process again

Awan-Legal :

Perhaps you could get a letter from DWP instead outlining the circumstances since the British High Commission may not consider all those papers - or you can select the latest ones which confirm the relationship and the up to date information.

Customer:

Thank you very much for your help. If need any further assistance I am hopeful to get from you.

Awan-Legal :

Thank you. No problem, happy to help.

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Dear Awan-Legal, Thank you for your advice. I want to be clear where my wife has to take a course and examination for a spouse settlement visa. I have written to Garry who are business partners of British Visa applications hav e repled as follow:

RE: settlement visa as my spouse as we have lived together more than four years together in Pakistan

FROM:
TO:
Friday, 30 December 2011, 11:16

Dear Mr. Din,

Thank you for your email, kindly note that UKBA published a new list of approved English language test providers for applications made under Tiers 1, 2, and 4 of the points-based system and for spouse or partner applications, and you can find the English Language List on this on this link www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/october/04-list-of-english-language on our website, and you can find the visa fee on this link Visa Application fee and Guidance

We appreciate your understanding and trust in our services.

Best Regards,


Islamabad VAC Manager
UK Visa Application Centre
Gerry's International
Islamabad Pakistan

www.ukvacpk.com

I have tried to the sites given by you and by this agency,but I am confused as the laws and English Test requirements are ever changing , please advise which institute she has to attend and which examination to take near Abbottabad which is near to Islamabad than one in Faisalabad,some people suggested we may have to go there.

Please advise me the latest one we have to contact ensuring it is for the right tier for spouse settlement visa requirements. Thank you

Expert:  Awan-Legal replied 2 years ago.
Hi

Thank you for coming back to me. The British Council has it's Office in Islamabad as follows:




British Council
Centre PO Box 1135
Islamabad
Pakistan

Telephone 0800-22000 (within Pakistan only from Mondays to Thursdays 9.30 a.m. to 4.00 p.m. and on Friday 9.30 a.m. to 12.00 p.m.)

Fax +92 (51) 111 425 425

E-mailXXX@XXXXXX.XXX


You can call them to book an appointment or do an online registration through the following link:

http://www.britishcouncil.org/pakistan-exams-ielts.htm

She will need to get 4.0 in each of The four parts (reading, writing, speaking, listening) of the test if she is doing level B1. If she is doing level B2 then she will need 5.5 in each part. She can check with the test centre which level it is when our booking.

I hope that helps.

The exam dates are given below. She can still use the sites I gave above to practice for the test.






http://www.britishcouncil.pk/IELTS-FB-fanpage/pakistan-ielts-calendar.pdf
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 2 other UK Immigration Law Specialists are ready to help you

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