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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2089
Experience:  I am a qualified solicitor and an expert in UK law.
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i m married to uk citizen female since 2002 as(muslim marriage)I

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i m married to uk citizen female since 2002 as(muslim marriage)I have three children from her one age is 10,8 and 3 yrs old boys. but we are register in marriage registerar 2010 in bromly by bow london after tht i was been granted two yrs spouse visa(expire in febuary 2012) which i suppose to live in uk with my family but due to my company(based in united arab emirate) circumtances and a contract which i have done with them i couldnt forefit and in 2010 the uk was in financial crisus too and i had to leave the uk(2010) along with my wife and children(children are studying and wife is full time house wife now) and move back to dubai for work and finish the limited contract(finishing in 2013 october).but we have a property back in london (five bed room house) and register under my name. the question is mine is this tht can i apply for indefinite leave to remain from dubai, regards XXXXX XXXXX
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
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.

Have you still got a valid visa for three uk?
Are you and your family currently resident in dubai?
Did you go to dubai with the intention of settlement?

Kind regards
Customer: replied 1 year ago.
No , I don't have have three yrs visa , I had two yrs visa which was issue to me in February 2010 and it expired in February 2012 and our intention was not to settle down in Dubai , I have a company contract which I suppose to fulfill and it will runout in october 2013 after tht I can move anywhere I want to work but till then I have to be with this company .and we all family are living in Dubai since 2011 since then we never visited to UK but our intention to go back to uk
Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Unfortunately not you are unable to apply for indefinite leave to remain. You would now need to submit another application for a spouse visa and ensure that you meet the requirements of the current rules.

What you would need to do is apply for a spouse visa. To apply for a spouse visa among others is the financial requirements which need to be met. Now in respect of your position it would need to be your spouse that will need to meet the financial requirements, ie for a returning spouse ie your wife would need to either have been employed with a company in dubai earning 18600 pounds gross and have secured employment in the uk starting within 3 months of the application earning 18,600 pounds gross. Or if this is not the case then she or your self if you have joint bank accounts would need to have at least 62,500 for 6 months in your account.

It does not matter how much you are earning it is all dependent on your wife's earnings, unless you have the 62,500 in savings for 6 months. Please see following link :

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/family-life-as-a-partner/

I'm respect of applying you need to use form VAF4A please see following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

If you would like further information on returning spouse's please see following link :
http://www.google.co.uk/url?sa=t&rct=j&q=family migration statement of intent&source=web&cd=1&sqi=2&ved=0CC4QFjAA&url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf&ei=2Tt9UbOJMKSm0AXrrIBA&usg=AFQjCNESebqnBfQO0FVz8iXnwPB64dLXHg&bvm=bv.45645796,d.d2k

Please see page 54.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time if you wish to ask more questions please feel free to do so.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2089
Experience: I am a qualified solicitor and an expert in UK law.
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