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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2410
Experience:  Partner in national law firm with 25 years legal experience
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Hi, my british born son has been married and living in pakistan

Resolved Question:

Hi, my british born son has been married and living in pakistan for the last five years, hes now back in britain studying part time in an apprentiship, how does he go abt applying fr his pakistani wife to join him here without being able to meet the £18,600 annual wage crteria?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Does your son have British Citizenship?
Customer: replied 1 year ago.

Yes

Expert:  Alex Hughes replied 1 year ago.
Hi-

The financial requirement for a spouse visa is unavoidable.

The immigration rules say "...you must have an income of at least £18,600"

This requirement can be met through:

the income from employment or self employment;
state or private pensions;
cash savings.

There is no way round this financial requirement I'm afraid. He has to be earning enough to support himself and his wife.

Alex
Customer: replied 1 year ago.

My son has been married 5 years and stayed in pk while him and his wife completed their studying there, isnt there a loop stating if someone is married for that long then the wage crteria wldnt matter...


also as he lives with me and his wife will also join our household can i not be a guarantor/of some sort?

Expert:  Alex Hughes replied 1 year ago.
Hi

Do they have any children?

Does your son receive any state benefits?

Alex
Customer: replied 1 year ago.

No children and hes never received benefits

Expert:  Alex Hughes replied 1 year ago.
I'm really sorry but without children there is no exemption from the financial requirement. The fact that they have been married for 5 years in PK is irrelevant for a spouse visa.

However it may be possible to make an application outside the immigration rules on human rights grounds namely:

Article 8 ECHR – Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.

So your daughter in law could make an application to join your son on the grounds of private and family life. Such applications are complex and they will need a lawyer to help them.

It is very unlikely that a spouse visa will be granted as your son does not meet the requirements. They can either wait until he's earning more money or make a human rights application as suggested above.

Alex

Customer: replied 1 year ago.

Could i be her sponsor being in a better financial positon?


 

Expert:  Alex Hughes replied 1 year ago.
No. Because you would only be able to sponsor her as a general visitor when the true purpose of her visit is to join her husband. If it becomes clear that she is actually coming to the UK and will be joining her husband then her application as a general visitor will be refused and she may end up being refused all future applications on the grounds that she has made a false statement or representation about her true circumstances.

Please remember to rate my answers so I am credited for my time. Happy to discuss this further.

Alex
Customer: replied 1 year ago.

Thankyou for your help xx

Expert:  Alex Hughes replied 1 year ago.
OK good luck with this. You should consider the alternative application that I mentioned. At this stage that's her best hope?

Also has she completed the English language test?
Alex Hughes, Solicitor Advocate
Satisfied Customers: 2410
Experience: Partner in national law firm with 25 years legal experience
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