How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

Hi UK Lawyer, Im not sure if you got my last question as

This answer was rated:

Hi UK Lawyer,

I'm not sure if you got my last question as I had problems last time.

Its on the same post as the others.

Regards

Rob
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

In respect of your question on the other thread below are the answers to your questions:

1. No I would not recommend that you apply for a visa at this moment in time as you do not meet the requirements for a spouse visa. I agree that it maybe the case that you are not relent on any public benefits but the reason the UKBA have the £18,600 threshold is because if you are earning this amount then you are unable to claim any benefits.

Therefore if you submit an application it will be refused because you do not meet the financial requirements.

2. First of all there is no limit on how long you need to be together to marry, all it needs to be is legitimate, you would need to provide evidence of your relationship prior to marriage ie if you lived together or not, emails, telephone calls if you lived apart. If you have lived together prior to marriage this would need to be explain this to the UKBA in a covering letter.

3. It doesn't really make any difference because she would still need to apply as your spouse even if she was european, what application you make depends on you the sponsor's nationality not the applicants.

4. In respect of you applying from outside of the UK, you would need to return to the UK after marriage and once you have commenced employment for 6 months at the required rate she can apply to join , you. it would not make much difference if you married in the UK or outside of the UK, the only difference would be that your partner would need to leave the UK and make an application from outside of the UK.

Should you wish to reside in a european country with your partner and find employment there for at least a year then you may return with her from the european country with you and would be granted a visa under the surinder singh case, let me explain:

As a general rule, family members of British citizens do not qualify for an EEA family permit. Article 3 of the Directive essentially says that an EEA national cannot be considered as exercising freedom of movement in their own State -

This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.

However, where an EEA national has exercised a treaty right in another Member State as a worker or self-employed and they wish to return to their own State having exercised that right, certain provisions may apply in order for their non-EEA family members to qualify under the EEA Regulations.

A British national and his / her non-EEA national family members can only benefit from free movement rights if they meet the criteria established in the ECJ case of Surinder Singh. The case stated that nationals of a Member State who are exercising an economic Treaty right (that is, as a worker or self-employed person) in another Member State will, on return to their home state, be entitled to bring their non-EEA family members to join them under EC law.

Example: A British national is exercising an economic Treaty right in Germany and living with his non-EEA national spouse and children. On the British national's return to the UK, his non-EEA national family members can apply for an EEA family permit to join him under EC law.
The Surinder Singh judgment is incorporated into the EEA Regulations in Regulation 9. Family members of British nationals who meet the requirements of Regulation 9 are treated as family members of EEA nationals for the purposes of the EEA Regulations.

Applications for EEA family permits must meet the following criteria:

• The British citizen must be residing in an EEA Member State as a worker or self-employed person or have been doing so before returning to the UK.

• If the family member of the British citizen is their spouse or civil partner, they are living together in the EEA country or must have entered into the marriage or civil partnership and have been living together in the relevant EEA country before the British citizen returned to the UK.

Because EEA nationals have an initial three months right of residence in the UK, there is no requirement for the British national to be a qualified person on arrival. Therefore, an EEA family permit can be issued to the non-EEA national family member of a British national even if they are only visiting the UK with the British national before returning to the Member State where they are resident.

It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he / she could come back to the UK with his / her family members under EC law.

5. In respect of your partner applying for a spouse visa while she is in the UK on a visit visa, this would not be allowed as she would need to leave the UK and make an application from outside of the UK.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time. I will be happy to answer further question until you are satisfied with my answer.

Kind regard
Customer: replied 3 years ago.

Hi UK Lawyer,

That was a good answer.


Now for a desperate question, it's going to sound like I'm clutching at straws so I apologies.

Would it make a difference if my dad wrote a letter stating that they were very happy for us being together and living under the same roof, and that they wouldn't be charging any rent or requiring any money for food that was put on the table??

Is there anything that can be done to influence the situation in our favour??

Also, would having a joint account set up make any difference??


 


Thanks very much.


 


Rob

Thank you for your reply.

I will be happy to answer your further question, but would be grateful if you could rate my previous answer positively first.

Kind regards
Thank you for your positive rating.

1. Unfortunately if your parents do state that they would be assisting you in respect of providing accommodation, this would help your application, however that would not help you meet the financial requirements, these need to be met regardless.

2. If you do not meet any of the requirements of the immigration rules, your application will be refused. The rules are very strict unfortunately and there is no scope for any flexibility im afraid.

3. Having a joint account with your partner will help in respect of showing that there is a subsisting relationship, it would not help overcome the fact that you will need to meet the financial requirements.

I hope this clarifies the matter, I know this is harsh but the home office have made it clear that you need to meet the requirements to be granted leave to remain.

I hope this clarifies the matter.

Kind regards

Related UK Immigration Law Questions