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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been in the States for 10 years as a permanent resident

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I have been in the States for 10 years as a permanent resident (green card holder), and married a US citizen. Just over a week ago I returned to the UK to help take care of my father who was undergoing surgery, and I'll be staying here permanently now. I need to start the paperwork to get my husband into the UK. Both of our US employers are fine to continue paying us even though we're going to be in the UK indefinitely. We are both currently salaried employees, although our respective employers might end up changing that status at some point down the road in order to best ease the situation. However, this doesn't seem to fit neatly in any of the sections of the financial requirement form. 3A is for if I'm already in the UK (which I am, but only for a week and a half so far - I haven't paid any taxes here in years obviously or anything like that), and 3B is if I'm returning WITH my husband, which I'm obviously not because I came to the UK in advance. Which category do we fall into, and what's the best way to present it?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Are you completing Form VAF4A?

Are you a UK citizen?

Tom
Customer: replied 1 year ago.

Yes, I'm a UK citizen looking to help my husband complete VAF4A. Thanks!

Expert:  Thomas replied 1 year ago.
Hi,

Can you refer me directly to the form for which you mention "3A " and "3B" please?

VAF4A does not have these:-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf4a.pdf

Tom
Customer: replied 1 year ago.

Hi there - it's appendix 2, the financial requirements form.


 


http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf4a2.pdf

Expert:  Thomas replied 1 year ago.
Thanks, XXXXX XXXXX to check.

Drafting your answer now. 5 mins.

I will have a 45 min meeting after I post my answer, so if you have any further questions I will be able to reply after that.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The best advice I can give is for you to instruct a UK solicitor locally to where you are who practises UK immigration law.

The reason for this is because you have only been in the UK for a short period of time, which is a small complication that will require explaining to the UKBA. It’s quite often the case that a person’s actual situation does not adequately fit the forms and so you have to provide supporting evidence clearly explaining the situation. They will know how best to do that.

The evidential burden for a spouse visa application of this sort is also heavy than most people realise, a solicitor will be able sort out the relevant from the irrelevant and highlight any omissions which could lead to a rejection so that further documents can be requested from you.

The better collated and drafted an application, the quicker that the UKBA will be able to consider and then determine the application.

I expect that your solicitor will complete Part 3B because plainly it could not be said that you are employed in the UK. I appreciate that 3B is for persons who have not already returned to the UK but if this is couple with a Statutory Declaration sworn by you confirm the your outside-UK employment chronology ,your return, your father’s condition and proposals for how you are each to be paid by your companies once settled in the UK then the UKBA would still be able to determine your financial eligibility even though it does not comfortably fit in to 3B.

The statutory declaration would refer to and exhibit all relevant documentation which supports what you say in it. So, attached to the Declaration would be correspondence from each of yoru employers confirming the present situation and proposed continuing employer, employment contracst, payslips and tax documentation.

It would also cover the fact that you obviously do not have much documentary evidence that you are settled in the UK (apart from your passport) because of your difficult recent circumstances and how these have frustrated you from being able to bulid up the kind of documentary profile of a person who has remained in the UK for the recent past. It would state that you intend to permanently reside in the UK since the date of your return.

IT should cost around £800-1000 + VAT to instruct a solicitor to prepare the application and it is absolutely worth it.

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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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
Thomas, Solicitor
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
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