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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 am trying to hire an immigration expert firm in representing

Resolved Question:

I am trying to hire an immigration expert firm in representing our case - in relation to the recent refusal of my wife's visa application made under a 'general visitor' category. We are trying to re-apply under 'family visitor' category since I have now moved to the UK, being a British citizen myself. My wife has been a UK resident with an ILR status but did not visit the UK in the last five years.
I am overwhelmed and feel convoluted by different opinions I have received in terms of what category is the best to (re) apply in: Family Visitor vs Settlement and Family reunion. However, the one advice which stood out was that this firm could actually apply straight for an Indefinite Leave to Remain (ILR) Status for my wife. This, they claim, is different from Settlement and Family Reunion - FORM VAF 4A, Family Visit Visa – FORM VAF 1B and an Entry Clearance as a Returning Resident - FORM VAF 4B. Given that I am unable to spot this category on UKBA website, I wanted to check if such category exists at all? Thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : Unfortunately the returning resident rule is only for those wretire returning to the UK just after 2 years abroad. The only way to retain an ILR visa is if she has travelled into the UK within every two years of her being abroad. As she has been away for five years she will have lost this right and for a returning resident.
Awan-Legal : When did you move to the UK?
Awan-Legal : I am just going into a meeting but will revert back to you later on.
Customer:

Many thanks for your clarification. That brings me to the point that who are the top rated immigration barristers in the UK I could take my case to? any pointers?

Awan-Legal :

No problem - happy to help. The family visitor visa is only an option if she wants to simply come to see you for 6 months and then return. The best option would be to apply for a settlement visa as a spouse.


 

Awan-Legal :

The rules are changing very shortly in 9 July 2012 though so I would advise submitting an application before then as soon as you can.


 

Awan-Legal :

which country is your wife from?


 

Awan-Legal :

The current requirements and documents are in this link:

Awan-Legal :

This will give her a two year visa and she can apply for indefinite leave to remain prior to its expiry. The new rules, however, will mean that she will be given a five year visa and will need to apply every 2.5 years with a fee and then at the end of the five years for indefinite leave. You will need to earn a minimum salary of £18,600 after tax from 9 July onwards.

Awan-Legal :

Depending on which country she is from, she may or may not need to do an English test as part of the requirements - this may take some time which could mean that you may not be able to apply before 9 July.


 

Awan-Legal :

I would recommend expert immigration lawyers at Proficient Immigration Services - 7 Elliott Square Swiss Cottage, London NW3 3SU
(NNN) NNN-NNNN7020.


 

Customer:

Hi. Thanks for your prompt response. We have lived in dubai for 7 years and I recently moved here (I am a British citizen). There are three main concerns I have with setllement visa, which is that the UKBA website states most of the applications done within 12 weeks, which will jeopadize her intended trip next month or in August. Also, since I am under probation, what if we end up moving back to Dubai next year due to unforeseen circumstances? Also, she might take up to 9 months to actually permanently move here due to our childrens' education, after visiting me in summer this year. Her nationality is Indian.

Awan-Legal :

Thanks - she will need to do the English test in that case unless she has a degree/qualification equivalent to the requirement in the link.


 

Awan-Legal :

If you have lived together for four years abroad (which you have) she is eligible to apply for indefinite leave to enter immediately as follows but this rule will be abolished on 9 July which means she will still need to apply for the spouse settlement visa as above:


 

Awan-Legal :

Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement


281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:



(i) (a)(i) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and


__ __(ii) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:



(a) the applicant is aged 65 or over at the time he makes his application; or


(b) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;


(c) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or



__ __(iii) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or


__ __(iv) the applicant has obtained an academic qualification(not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or


__ __(v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and



(1) provides the specified evidence to show he has the qualification, and


(2) UK NARIC has confirmed that the qualification was taught or researched in English, or



__ __(vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:



(1) he has the qualification, and


(2) that the qualification was taught or researched in English.



or


__(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and


__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and


__(b)(iii) the applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and


(ii) the parties to the marriage or civil partnership have met; and


(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and


(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and


(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and


(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity



For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in

Awan-Legal :

You will need to show evidence that you have lived together in Dubai for four years as well as the documents requested in the link above.

Awan-Legal :

The indefinite leave to enter visa will mean she can travel abroad at any time without losing her status as long as she returns within 2 years for a visit at least, so will be suitable if you are posted back to Dubai. This visa is indefinite but dates are given for her to travel within (eg one year or the validity of her passport) so she can take her time moving over once she has this.


 

Awan-Legal :

If she has a spouse visa though she will need to remain in the UK for most of the two or five years (depending on when you apply) together with you for eligibility to apply for indefinite.


 

Awan-Legal :

Yes it does take around three months for a settlement visa unfortunately.

Awan-Legal :

Although this may jeapordise her trip in August, it is worth putting in an application for indefinite leave to enter on the four years living together abroad or she will lose this right after 9 July as this rule will be abolished then.

Customer:

Sorry, does this mean that there is a difference between an indefinite leave to enter visa and a spouse visa?

Awan-Legal :

yes - indefinite leave to ENTER will give her immediate settlement because you have lived together for four years but the spouse visa is a probationary spouse visa where she will need to apply for indefinite leave to REMAIN before its expiry (2 years or 5 years depending on when you apply).


 

Customer:

Thanks Awan. That was my original question actually since the UKBA website does not show any form for an indefinite leave to enter visa! It only show the spouse settlement visa form VAF 4A and a returning resident form VAF 4B! I understand that indefinite leave to enter category is neither of these two? Really appreciate your help.

Awan-Legal :

That's ok - happy to help! It is form VAF 4a for the indefinite leave to enter.

Customer:

so essentially the same form for both purposes - spouse settlement and indefinite leave to enter? Sorry for follow on query but we are in a situation!

Awan-Legal :

yes the same form although they are two different categories with different visas issues - spouse settlement is for the probationary visa but indefinite leave to enter is where you can prove you have lived together for four years.


 

Customer:

many thanks awan

Awan-Legal :

you should tick at 8.1.1 of the form:





As the spouse of someone settled, or going to settle, in


the UK




Awan-Legal :
Awan-Legal :

and write next to it or in the other box (indefinite leave to enter as lived together for four years).

Customer:

She holds an indian passport

Customer:

ok thanks awan. do you mind sharing your business telephone and I can call you tomorrow

Awan-Legal :

I am not able to provide my contact details under the terms of this site but if you contact Ms Aline Loake on(NNN) NNN-NNNN7020 she can help you with your case.


 

Customer:

thanks awan. much appreciated.

Awan-Legal :

no problem - good luck


 

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.
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