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: 2105
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, I would like to know about my wifes status to obtain

Resolved Question:

Hi,

I would like to know about my wife's status to obtain indefinite leave to remain and following that, a UK passport if we choose to reside there one day.

We currently live in Dubai, UAE. She is a Moroccan national and I am a UK national. We have been married for 2 years and are expecting a child in Dec 2013. What would be her status IF we decided to move to the UK? Could she get indefinite leave to remain? Could she gain citizenship after a period of time there?

Hope you can help.
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.

Could you please confirm how you obtained citizenship? Was it through birth?

Kind regards
Customer: replied 1 year ago.

Hi,


 


Yes, I was born in the UK and both my parents are UK nationals...My father has obtained it after birth and mother was born in the UK. Prior to living in the UAE, I was resident in the UK for 10 years.


 


Thanks, Ali


 


 


 


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you very much for your reply.

In respect of your wife's status, if she returns to the UK, she would need to apply for a spouse visa. The spouse visa would be granted for 33 months (2.5 years approx), once she has been in the UK for 2.5 years she would then need to apply for a further visa as your spouse for another 2.5 years. Once she has accrued 5 years residency in the UK she would then be eligible to apply for indefinite leave to remain in the UK.

Once she has held indefinite leave to remain in the UK for one year she would then be able to apply for British citizenship. So in your case you are looking at 5 years to obtain indefinite leave to remain and 6 years in total to obtain naturalisation.

In order for her to apply for a spouse visa she would need to apply using form VAF4A. Please see the following link:

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

For the immigration rules, please see the following link, this is what the home office need your wife to meet to be granted a spouse visa:

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

What you must be aware of is that you would need to show that you are earning the required salary which is £18,600 or have at least 62,500 pounds savings in your account to meet the financial requirement. If you have savings of more than £16,000 these can also been used to offset any reduction in salary. You would need to have employment commencing within 3 months of you arriving to the UK.

Please see the following examples of how to meet the financial requirements given by the home office:

Sponsor returning to the UK with the applicant
1. Leroy
Leroy has been studying in Australia for 4 years and has entered into a civil partnership with an Australian national. He has not been working. At the end of his course he gets a job offer in the UK to start in 6 weeks, paying £25,000. Leroy has no other income or savings.

Leroy will not meet the financial requirement under Option A or B. Leon can only rely on the income from a job offer in the UK if he has also been in employment at the required level of income overseas.

Imran

Imran has been a self-employed financial adviser in Uganda for 2 years. In the last financial year he earned £26,000. He is returning to the UK with his partner and has a job offer to start within a month, paying £20,000.

Imran will meet the financial requirement through Option F. As he has been in self-employment overseas and has a job offer in the UK, both at the required levels of income, he is able to rely on both.

Katy

Katy has been travelling across the USA for 18 months with her American partner. Katy has investments that pay her £10,000 a year and she has £40,000 cash in the bank. She has not been working in the USA and has no job in the UK to return to.

Katy will meet the financial requirement through a combination of Options C and D. As she is not relying on any income from employment, she does not need to have a job offer in the UK and can meet the threshold in other ways.

Based on her non-employment income of £10,000, Katy will require £37,500 in savings to meet the threshold: ([£18,600 - £10,000] x 2.5) + £16,000. As she has more than this, the financial requirement is met.

Craig

Craig has been working as a barman in Greece for 2 years, earning £17,000 a year. He owns property that gives him an income of £2,000 a year. He has a job offer in the UK to start in 2 months, paying £16,000 a year. He has £18,000 in savings.

Craig will meet the financial requirement through a combination of Options A, C and D.
He has an income overseas of £17,000 + £2,000 = £19,000 a year at the point of application. He will have an income of £18,000 a year on his return to the UK, plus he has the savings he needs to top this up: ([£18,600 - £18,000] x 2.5) + £16,000 = £17,500.
If his income overseas fell short of £18,600, he could also use his savings to top it up.

Alan

Alan has been working in Thailand for 1 year but has only been with his current employer for 3 months, earning a salary of £17,500 a year; Alan’s total earnings from all employment over the last year are £16,000. Alan also has savings of £17,000 and has income from investments of £600 a year. He has a job offer in the UK paying £16,500 a year.

As Alan has not been with his current employer for 6 months or more he cannot use his salary of £17,500 to meet the threshold. Instead he must use his total employment earnings over the last 12 months, which are £16,000, plus income from investments of £600, giving a total income of £16,600. Alan cannot use his savings retrospectively to offset his shortfall in income over the last year and so he will not meet the financial requirement.

Even if Alan had earned more over the last year and met the requirement overseas, he would also have to meet it on his return to the UK. His savings could, in that case, be used to offset the shortfall. However, his total income will be £16,500 + £600 = £17,100, which would require savings of £19,750 to meet the financial requirement. As he his savings are £17,000, Alan would still fail the requirement.

You should also read the following documents from page 39 onwards:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf

I know that the information given is a lot to take in and I will be happy to clarify any issues that you may have.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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


Customer: replied 1 year ago.

Thanks, XXXXX XXXXX great response but i'd like to clarify a couple of details before finishing.


 


1- Reading the suitability section you sent on the UKBA site, it says that to apply for a spouse visa the following conditions must be met :


 


Relationship requirements
E-ECP.2.1. The applicant's partner must be-



(a) a British Citizen in the UK, subject to paragraph GEN.1.3.(c); or
(b) present and settled in the UK, subject to paragraph GEN.1.3.(b); or
(c) in the UK with refugee leave or with humanitarian protection.


 


So, my question here is, do I need to land and reside in the UK before my wife? Clearly we would decide to move together if we were to go ahead, so would hope that her visa application could be made while I am residing in the UAE but planning to move to the UK. Whats the situation here?


 


Another question I have is related to financial requirements as the UKBA link says under financial reqs that I would need to show a specific gross annual income. We are likely to have significant savings, however if we do move, it may be that I would land without an employment offer ready, so how would this impact the spouse visa process if I wanted to move "home" then carry out a job search after settling?


 


Can you include any info on my forthcoming child here. Presume I can transfer my citizenship to him but since he will be born in the UAE he will not be able to transfer to his children...is this the case?....slightly off topic I think but hope you can answer this...if not no problem.


 


I think thats it...once you provide these details, I'll be happy to rate you as excellent and go on my way.


Expert:  UK_Lawyer replied 1 year ago.
Thank you very much for your reply.

1. In respect of your first question, the answer is in the rules

Relationship requirements
E-ECP.2.1. The applicant's partner must be-


(a) a British Citizen in the UK, subject to paragraph GEN.1.3.(c); or
(b) present and settled in the UK, subject to paragraph GEN.1.3.(b); or
(c) in the UK with refugee leave or with humanitarian protection.

In your case you would been (a) as you are a British citizen, please note it says 'or' not 'and' in the rules so the fact that (b) says you need to be present and settled is not in addition to you being a British citizen , its either or.

2. In respect of a job search, the home office requires that a job offer is in place prior to moving to the UK. If you want to move to the UK without a job offer then you would need to show that you have savings of at least 62,500 in your account for 6 months prior to making the application.

3. In respect of your child if he is born in the UAE he would obtain what we call citizenship by decent because he is born outside of the UK. However, what this means is that if he remain UAE and has a child in UAE , he would not be able to transfer citizenship. However, if he has a child born in the UK then the child would be automatically British, because he would be born in the UK. So he will be able to pass on citizenship to child born in the UK not those born outside.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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, Solicitor
Satisfied Customers: 2105
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Expert:  UK_Lawyer replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience