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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
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i will be getting married in the philippines i need to find

Customer Question

i will be getting married in the philippines i need to find out what type of visa i need to get back in the uk with my new wife and all the paperwork i will need i.e. certificates
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

What nationality are you please?

What is your annual income?

Tom
Customer: replied 2 years ago.
I am a U.K. citizen I am Disabled have a three bedroomed Bungalow which I have paid for. I was a dustman and had a accident and was paid 750,000 compensation. My annual income is i get a pension from B'ham City Council of 481 a month plus Industrial Injury Bennifit which i get 220 a week plus i get Incapasity Bennifit every two weeks of 167
Expert:  Thomas replied 2 years ago.
Hi,

Sorry to appear to pry, but there's a salary threshold.

Do you still hold your payout in savings?

Tom
Customer: replied 2 years ago.
No a financial Advisor has all the rest of my money invested do you want to know who they are
Expert:  Thomas replied 2 years ago.
Hi,

No.

Do you receive an additional income from these investments?

If so, how much.

Please confirm what the investments are...

Tom
Customer: replied 2 years ago.
These are long term investments so any money made in the year ending is just put ploughed back into the same account the investments change all the time, if i ned any money i just ask my financial advisor and he sorts it out for me
Expert:  Thomas replied 2 years ago.
Drafting your answer. Ten minutes.

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

She will need to apply for a spouses visa (ie. Settlement) if she is to come here to settle with you permanently.


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
• 6. You 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 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)
• 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/
You will note the final salary threshold criteria. This came in to force on 9th June. No-one yet knows how it is going to be dealt with because it will be challenged. You do not meet the criteria at present obviously and so we could expect the application to be rejected, however if you have significant capital sums from your payout then by the time you come to pay it may have been challenged by someone in a similar position to yourself. If it has then you may be able to successfully apply. If it hasn’t then you may have to make the challenge yourself. It will be challenged on human rights grounds and you will have to see how these challenges play out on appeal in due course to see whether she is later eligible to apply on the basis of case law.


She will need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement, available for download from UKBA's website

You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

My final bit of advice is the most importnant – you should instruct a solicitor to do this for you and advise of any challenges to the threshold nearer to when the time comes. It’s the best thing you can do

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: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Tom what does UKBA stand for and what is a VAF4 DOCUMENT

Expert:  Thomas replied 2 years ago.
Hi,

The UKBA is the United Kingdom Border Agency, they regulate immigration within the UK. They are to whom your wife will submit her application, which she should complete by completing form VAF4. It's on this page:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

See the upper right hand page.

Tom

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