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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Can an Amercan prisoner, who is married to a BRITISH woman,

Resolved Question:

Can an Amercan prisoner, who is married to a BRITISH woman, and is doing time at the come to live in the Uk when he gets released in a few years time?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What is her annual income
2. What was he convicted of and what sentence did he receive
Kind regards.

Tom
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What is her annual income
2. What was he convicted of and what sentence did he receive
Kind regards.

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Are you able to respond to my above post to enable me to answer please?

Kind regards,

Tom
Customer: replied 2 years ago.
Forget I asked, the answer will probably be NO. To answer your queries, he was chareged with Assault 1st degree class c, and criminal possesion with a weapon 2nd degree class c. He was sentenced to 24 years to life, he's done 16, he's got another 7 to go. Earliest release date is set at July 2019, he'll be 59 then. There's a slim chance he cold be out earlier.
I work full time, I go over when I can. I can't afford to pay £17 a month, my annual earnings are on average £16,000 a year. I rent a council house. I guess I'll have to go live in the US.
Expert:  Thomas replied 2 years ago.
Hi,

I will answer at 9bst

Tom
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

I am terribly sorry to have missed this.

In order to be eligible for a spouse visa the criteria is as follows:-
The eligibility criteria for a spouse visa is as follows:-
• Your are married
• You plan to live permanently together here
• You can support each other without the need for public funds
• 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
• must earn a minimum income threshold of £18,600, but the figure is increased if children are coming to £22,400 for one child and an additional £2,400 for each further child.

You would 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 fiance 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

The salary criteria for eligibility has only come in this month. It will be challenged. BY the time that you are ready to apply for a spouse visa the requirements may have changed drastically.

The conviction is potentially a problem, but due the Article 8 Rght to A family and private life this can be overcome most of the time so that the application is not rejected provided that you can show you are in a marrage relationship with him and that relationship is genuine. You will have to see how the rules change by the time he is ready to make an application. On the basis of how the rules are at the moment it will be very difficult, but not impossible. It would certainly be easier for you to get a spouse visa for the US though.

Sorry it could not be better news, but you should keep an eye on the the rules for spouse visas until he is released because they will change significantly I predict.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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