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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13322
Experience:  Solicitor
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My wife is in brazil 26 weeks pregnant with my son who is British.

Customer Question

My wife is in brazil 26 weeks pregnant with my son who is British. We want to delay the Settlement and she wants to fly back for a 3rd entry ( As already had two entries ( One 6 mnths approx ) "nd Entry of 5 months approx. Will they let her enter. Will pay for answer.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 4 years ago.
Are you saying your wife wants to enter the UK? And are you saying she has had two previous visits of 6 and 5 months? Where are you based? what is your immigration status?
Customer: replied 4 years ago.
I am British Citizen and My son who is with her IS British too. I ahve been IT consulting for last 5 months here. I made my son's nationality when we were In Dubai together and we relocated to UK. Before coming to UK from Dubai we sis not have time to sponsor her visa application for settlement as I lost my Job at Cisco Systems , Dubai. I did not want to part with her and made her come with me to UK and to prolong stay we went to France for a Weekend Trip and Border COntrol gave another 6 months stay. We told them she was travelling back to Brazil on 2nd entry
Customer: replied 4 years ago.
Please let me know if you can respond on my matter. We are husband and wife and want a solution at least come to visit me and be a family. I can sponsor her here or in Brazil. But she needs my support and need to help her in her pregnancy. She has no family to siupport her in Brazil
Expert:  Senior Partner replied 4 years ago.
I think that if she comes back to the uk again as a visitor it here is a strong risk that she could be turned back at entry as the border agency may not believe she is a genuine visitor. If she enters the uk as a visitor she is not permitted to apply to stay as your wife and will have to leave again so really your only safe option is to apply as soon as possible for a spouse visa.
Customer: replied 4 years ago.
Thanks for your response. Can I apply for a psouse visa with 5 months work. Application says min 6 months of Work
Expert:  Senior Partner replied 4 years ago.
Sorry but where in the application does it say that the husband must have been employed for 6 months? I am not aware of any such requirement but if you give me reference I will look into it.

you do have to show That you can maintain yourselves and meet the other requirements including that your wife has passed the English test. How long have you been married? If you have been married more than 4 years she may be eligible for immediate settlement .

Please press accept so I am credited with my time.
Senior Partner, Solicitor
Satisfied Customers: 13322
Experience: Solicitor
Senior Partner and other UK Immigration Law Specialists are ready to help you
Expert:  Senior Partner replied 4 years ago.
I see from the feedback yo kindly let that you referred to the guidance notes. That simply suggests you nay submit pay slips for up to 6 months. There is not requirement that you do and there may well be a perfectly valid reason why you are not able to. If you were about to return to the UK for example you would not have any uk payslips.

Anyway good luck
Customer: replied 4 years ago.
So I came to Britian with my wife in February 2011 and I just left s job in Dubai I was doing paying me lots of money. I could reference the money I had been given. I.E. 3 Months salary for terminating with Cisco Dubai, And show this monies as a means of supporting my wife and son? I thought I could not and I have delayed the settlement until 11 months later! But good news is from July 2011 until now I have a well paid Contract and hopefully it will be extended into the new year. Which will give me 6 months. So my wife could technically start process after passing her english exam with 5 months wage slips and bank account statements.
Expert:  Senior Partner replied 4 years ago.
Yes your wife can apply if you have a suitable job and the means to support both of you and the children. there is not reason to delay. Your employment history may help to show that you are able to earn good salaries which is of course relevant to your employment prospects but you do not have to wait until you have been in the current job for 6 months.
Customer: replied 4 years ago.
Thanks for your responses.

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Expert:  Senior Partner replied 4 years ago.
Good luck

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