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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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Hi I am a British pensioner but dont meet the financial requirements

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Hi I am a British pensioner but don't meet the financial requirements for a spousal visa for my Australian wife. If we don't try to get permanent residence for her, would there be any objection to her staying with me for six months in the UK as a touris while we decide what to do? And how should we enter heathrow, together or seperately???
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

In theory, no. If she is Australian then she can enter the UK for a visit under the visa waiver program without applying for a visa before she travels.

Technically the right to enter on this is discretionary, so the border officials reserve the right to refuse enter where they consider a breach of the immigration rules will occur.

Therefore if they are not aware of your relationship then I would probably advise that she enters under the visa waiver program on her own with sufficient proof of the funds available to her and health insurance to show that she can support/accommodate herself without recourse to public funds.

If they are aware of your relationship then I would probably apply for a visitor’s visa before travelling rather than enter under the VWP.
The eligibility criteria for a visitor's visa is as follow, is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You have to try and show them that he has continuing obligations in Ausy which will continue after the visit and therefore convince them that she is not a risk of overstay. Things like a letter from her employer stating she has a job (if she does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property, bank statements showing the money he has available.

If you apply for the visa befeore travelling you should go to a local solicitor to draft a sponsorship declaration in which you state the terms of the visit, that she is to return at the end of it, that you know that she should leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship, that you shall accommodate her and shall pay the costs of any unforeseen expenses that should occur during her stay so that nether of you will need to access public funds.

This should cost around £50+vat and you can find immigration solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6513
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Tom: I will rate you highly for this. Could you clarify. The UK immigration is not aware of our relationship...we are actually getting married in 3 weeks in Mexico. So the best is for Helen to enter as an ordinary tourist and for us to decide what to do next. If she shows a return ticket plus $1000 in funds with that normally satisfy the INS? her grandmother is Irish, as well so we might be able to claim ancestor rights later.


Robert

Expert:  Thomas replied 2 years ago.
Hi Robert,

I can only speak for the UKBA, the regulatory body for immigration within the UK. You have posted your question to UK immigration law. The INS is a separate regulatory body for the Republic of Ireland.

The return ticket will help, yes. The funds are also helpful but a greater amount (say double) would be better. She does not have to carry these about her person obviously, she should just carry statements as recently as possible for an account she has access to.

Kind regards,

Tom

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