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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I went to a solicitor last week and they information

Resolved Question:

Hello, I went to a solicitor last week and they information they gave me regarding uk spouse visa is different from what i read on the internet. some of the people on the internet told about their stories about applying. some still waiting and others have brought their partner over already...and they earn considerably less than me and their partner came over quickly

I have been told they can do a case for me. but will cost £1500 pounds, but i only need about an hour or 2 help...i paid 50 pounds for half an hour. i dont know if they were licenced...they are stated as LLP solicitors, but i could not find them on the oisc website,

i found a free immigration law place visa the oisc website, and i am trying to call in to get appointment this week for them, but i would like to settle my nerves and ask now rather than wait.

this change that may happen in june, about changing the british sponsors income to just under £26 000, is it definetly going to happen? the solicitors told me it will happen., but it will be £27 000 now.. i earn before tax around £1545 a month, i am a permanent employee for the nhs, also last few months i have spent alot of money, my partner is in turkey, she left her job to marry me and be with me, i have been there 3 times since october, i will go again next week as well., for the legal marriage as did not have the correct paperwork, i am hoping to take nearly all my documents with me next week, unsure how to apply. do i apply from uk, give my bank details,,, or send cheque. or apply in turkey and give her money and use her bank.her family bank etc.

there is probably more questions in my mind....i dont believe these solicitors have told me truth, i think you are in better position to be more honest. as you will not ask for over a thousand to do a case, you just offer advice, and since it is all online you would not risk any bad reputation, and i think more trustworthy than the ones here in london,

so just basically, the main things i need to know is. if the change is happening in june definite, if you know from experience, and because i keep spending alot each month for my travel in turkey, plane tickets, hotels, food, oyster card, gym membership, gifts for her family, little stuff for me, i have about 5600 in the bank. 5000 was given by my nan last month as a gift for the marriage, she gives it to everybody who gets married. i was hoping to apply end of july(cant now because of the change) when my expenditure would be more stable, as i have to pay for the 830 visa fee, and i hav to support her and send her money as well every month, also paid £215 for her english test, she is not working so i am paying for her,she lives with her parents for the time being as she left the city she worked in.

i hope you can help,

regards
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What is the name of the firm of solicitor you have met please?

Kind regards.
Tom
Customer: replied 2 years ago.
1.

Arona Sarwar LLP. Solicitors

www.aronasarwar.com/

regards,
Expert:  Thomas replied 2 years ago.
Hi,

Okay.

What nationality are you please?

If you are not British or EEA please confirm that you have indefinite leave to remain?

Tom
Customer: replied 2 years ago.
british
Expert:  Thomas replied 2 years ago.
Hi,

I'm drafting your answer. It should take about ten minutes..

Tom
Customer: replied 2 years ago.
ok thanks,
Expert:  Thomas replied 2 years ago.

Hi,

Thanks for your reply.

The solicitors are registered with the Law Society, they are a genuine firm with the appropriate credentials. There is no need for a firm to be registered with the OISC, this simply an association which practitioners who wish to advise on immigration matters can sign up to and take courses in . They do not need to be solicitors to do this and it is not a requirement fro solicitors to go on the OISC courses if they simply wish to advise on applications or act on appeals.


You can confirm the Law Society registration here:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

There is presently no date for when the salary requirement to come in. It was expected to possibly be June (at the earliest) a few months ago, but the UKBA usually gives at least two/three months notice of such changes prior to implementation. In my opinion the better view is that it will come in around November time and the UBKA will disclose notice in June.

Your fiance’s application will be judged on the eligibility criteria in force as at the date the application is received by the UKBA, so they are correct that you need to get your application in as soon as possible really.

She will need to apply for a spouses visa (ie. Settlement) if she is to come here to settle with you permanently. She must make the application, not you and she must submit it to the embassy in her country.


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
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 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
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
• 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:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

She will also have to pass an English language test to show that she can understand (ie. speak and read) basic English):-

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/english-language/

She will need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement, available for download from UKBA's website. The £1500+vat charged by the firm for this is at the upper limit of the fees typically charged but not unreasonably so. You can shop around outside London for better deals and you will be able to find one. If you are prepared to travel a couple of times during the process then it should not prevent you using a non-london firm

Alternatively if you are confident you can prepare the application and your statements then you may consider doing so and then taking the applcaition as a whole to a solicitor to check for you. This would cost in the region of £300+ vat and they will give you suggestions on any defects in the application and how to remedy them.

The visa will be granted for a period of 27 months. She can apply for indefinite leave to remain once he 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.





If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with specific guidance on making a spouse visa application (eligibility criteria, documentation etc) then please submit a further question to the board requesting me either by my profile or y marking your question. “FAO Tom”.


Kind regards,


Tom
Customer: replied 2 years ago.
hi thanks for the detailed reply,

i did think november it would come in place, as i assume they would give notice, i would like to wait till middle of june to apply for the visa, since if i apply now i am missing one months bank statement, to comeplete the 6 months, i have 3 bank accounts, i have every 6 months for my main bank account. all 6 for a bank acoc**t i dont use. and 5 for one i used once for paypal....

i read 3 montths bank statement is suitable. this this incorrect? also my partner i dont know if she can get bank statements for 6 months, she said she dosent have a bank account now. as something to do with not being able to keep one if you are out of a job. but i can ask her again in turkish, im sure she still has a bank card, regards,
Expert:  Thomas replied 2 years ago.
Hi,

Three months is the absolute minimum that the UKBA will accept. They do approve applications with only three months but it tends to be only where the application is not controversial in other aspects (ie. that the applicant clearly meets all the other eligibility criteria).

I would be extremely surprised if she does not have an account at all. Clarify this with here. It's not helpful to the application. If she doesn't have an account then she'll need to provide lots of detail on how she manages her finances without an account, which is troublesome and you can do without the uncertainty in your application.

Trust this clarifies, please click accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Tom
Customer: replied 2 years ago.
ok sure, still my main question was. is the proposed changes to the sponsers income, is it definetly going to happen, or it may get rejected. this was the main thing i asked.

regards,
Expert:  Thomas replied 2 years ago.
Hi,

The UKBA will certainly impose the minimum salary requirement, but (just as certainly) it will be challenged by applicants on appeal. The appeals may go all the way to the highest courts in the UK and could drag on for years.

It will take a long time to settle down. That is why it's very important for you to submit your application at the earliest possible time where your documents are all available.

Please click accept.

Kind regards

Tom
Customer: replied 2 years ago.
ok thank you so much Tom, i have some friends who will be doing same things as me within next few months so i can put them your way,

oh sorry, one more thing.... is it ok if i apply about mid june. i should have all the paperwork then, because you said they usually give 2-3 months notice. so it would take effect august at the least i presume. so i f i apply in june i should still come under the current rules?

thanks again.

regards,
Expert:  Thomas replied 2 years ago.
Hi,

I can't accept instructions from customers using this site but I would be more than happy to answer any questions they post to the board. Please make sure they request me via my profile.

Yes, I should expect you will be fine if you apply mid-June (ie. under the current rules).

Please click accept and leave positive feedback if you are satisfied with the service I have provided..

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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