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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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My son in law is a New Zealander with NZ passport and Australian

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My son in law is a New Zealander with NZ passport and Australian one. My daughter is British with a British and Australian Passport. They have 2 small children. They wish to come home for an extended holiday and my son in law wishes to acquire a work visa for here. They are having a great deal of problems getting one, having applied to the embassy in Sydney. Surely a member of the Commonwealth is entitled to a work visa. Please help us.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

How long would they wish to stay in the UK?

Would they stay together in the UK whist here

What is their annual income and approximate level of savings (there is a financial threshold)

Kind regards.

Tom
Customer: replied 1 year ago.

To stay 2-3 years.


Definately stay together whilst here.


Do not know their income but he has a very good job in Sydney and my daughter is on maternity leave from Singapore Air.


 

Expert:  Thomas replied 1 year ago.
Hi ,

Thanks.

Drafing your answer now. Once I have answered I have to leave work, I will be able to answer any follow ups you have but there may be a delay of about an half an hour whilst I return home.

Tom
Thomas, Solicitor
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

He is still regarded as a foreign citizen regardless of the fact that he is married to your daughter and a commonwealth citizen.

This means that he must have a visa in order to work in the UK.

For a spouse of a UK national who wishes to return to live and work in the UK for that length of time. It’s not as straightforward as I suspect you might assume it to be.
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
• Meet the financial requirement: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further financial requirement guidance information here:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary
If based solely on salary (ie. no savings?) The UK based spouse must earn a minimum income threshold of £18,600,.
You have to produce to the UKBA documentation that proves the above. This would be some of the following as a minmum:-
• Bank statements from both going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from employers stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets held (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between 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
Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


He will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation them before submitting it to ensure the best possible chance of success upon determination by the UKBA.


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

Sorry, I mistakenly posted my reply as an answer. You were not supposed to be able to rate my answer. Please do not rate this answer I have just given you otherwise you will be charged twice.

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.

Tom, thank you for the reply. Wow, I had no idea it was so complicated, with all these Europeans coming in, I just presumed that the commonwealth countries would be the same. No wonder my daughter is feeling 'miffed' with her own country of birth. Ironically they got married in England. Will talk to my daughter tomorrow and see where we go from here. Thank you again, Jennie.

Expert:  Thomas replied 1 year ago.
Hi Jennie,

EEA member state nationals do have it easier than UK citizens, it's a quirk of the rules.

If your daughter was willing to work in an EEA memberstate country for three months with her husband then there is a way around it, so let me know if this is possibility and I will advise further.

Thank you for rating my answer and merry christmas.

Tom

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