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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
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MY BOYFRIEND OF 12 MONTHS WISHES TO COME TO THE UK TO MARRY

Customer Question

MY BOYFRIEND OF 12 MONTHS WISHES TO COME TO THE UK TO MARRY ME I WAS BORN IN THE UK HE IS PAKEISTAN BUT HAS WORKED IN DUBAI FOR 3 YEARS BUT WANTS TO SETTLE IN THE UK TO MARRY ME AND GET WORK HOW DO WE GET THE INFORMATION WE NEED
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Please confirm that you hold a UK passport?

What is your annual income please?

Tom
Customer: replied 1 year ago.
i did have auk passport but i dont travel so it expired its 800 pound a month
Customer: replied 1 year ago.
i dont need a uk passport i wasborn in belfast N I my income is ust over £800 per month
Expert:  Thomas replied 1 year ago.
Hi,

Is that income from employment?

Do you have access to savings, if so please state the amount because there's a part of the eligibility criteria that you do not meet...

TOm
Customer: replied 1 year ago.
because i am serverlt disabled i am not alowed to work but that should not have anything to do with it as it is not my fault i cant work
Customer: replied 1 year ago.
no i lost my leg so i cant work though no fault of my own i know their is a law saying if you dont work you cant get him here but they are looking in to hopefully scraping it i have never need a savings accout as i always have money in my bank account,because i am serverlt disabled i am not alowed to work but that should not have anything to do with it as it is not my fault i cant work
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your question.

He would need to apply for a fiancé visa by applying for settlement.

Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-

• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• 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 have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• 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

• You should also include job adverts showing jobs available that your fiancé could do when you come here and show, via your fiance’s CV, that you have the qualifications and work experience that you 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/


He will also have to pass an Englsh Language test:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/can-you-apply/english-language/

The problems is obviously that you do not meet the salary requirement. The rule as to salary only came in on 9th June. No one knows how it s going to play out because it’s going to be challenged. IN the mean time we are all waiting for confirmation of successful challenges. You will ether have to consult with a solicitor in the coming months to see whether it has been successfully challenged in similar circumstances to yours, or you will have to be one of the test cases yourself. I know this is an uncertain answer but the fact is that even we practitioners are in the dark at the moment.

The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.

You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website

Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.

You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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 1 year ago.
you have been very helpful the best advice i have had for months thankyou
Expert:  Thomas replied 1 year ago.
Hi,

Please remember to rate my answer.

Tom

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