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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6538
Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband and I met in Jamaica in 2007, we got married in

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My husband and I met in Jamaica in 2007, we got married in 2010. In 2011 he applied for a settlement visa to come and live with me in the UK, he was refused, neither of us know why. I received a copy of the judges findings, basically thery're saying it was an arranged marriage, it is not! I have just got back from seeing him in Jamaica and we have decided that he will apply for a visitors visa, not ideal but at least we get to see each other. Is this the right procedure? Can someone please advise me. The whole visa application was so frustrating as no one would tell me anything, I was classed as a 3rd party, even though I am the wife of the applicant.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

What documentation did you submit with your settlement application to show that you had knew, met and spent significant time together?

Tom
Customer: replied 1 year ago.


I sent all details of my bank, work, house/mortgage,photos including our wedding ones, a copy of my pay-as-you-go phone, Orange very kindly sent me the last 18 months, immigration dismissed it. I sent everything they needed including a letter of invitation.

Expert:  Thomas replied 1 year ago.
Okay.

Is the long term aim to have him settle permanently with you in the UK?

There is a financial threshold. Do you mind if I ask whether you earn above £18, 600.00 in salary income from your employement per year?

Tom
Customer: replied 1 year ago.


I did at the time of his application, but I have reduced my hours, so know I don't earn that amount, nothing like it.

Expert:  Thomas replied 1 year ago.
Hi,

Right.

Do you and your husband have above £62, 500.00 in savings between you?

If you don't do you mind telling me what your annual salary is and what savings you have so I can check to see if you meet the financial requirements..

I'm just trying to see if you meet the threshold requirement..

Tom
Customer: replied 1 year ago.


I have approx £15,000, he has nothing. I earn about £1,000 per month

Expert:  Thomas replied 1 year ago.
Thanks. Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Ultimately for your husband to come and settle here with you he will have to apply for a spouse visa and be successful.

The problem for you now is the financial criteria which is required to be eligible for a spouse visa.

To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

You will see that at present you do not meet the financial criteria. This means that your application will be rejected. The financial element of the eligibility criteria is relatively recent and controversial (you may have seen it on the news).

In order to apply for a spouse visa successfully you must either
1) Secure further salaried income above the threshold level of £18, 600.00 and remain above this level for 6 months then apply, or
2) If you were willing to attempt relocation for a 4 months to a European Economic Area country and work for that time then he could apply without the financial element under the Surinder Sign Ruling: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary (see 2.5.1 on this link for confirmation)
3) Wait until the criteria is successful challenged and remove. This could take a considerable time, although it probably will eventually be found unlawful.

Whatever you do it would certainly be a good idea to instruct a solicitor to prepare and submit the relevant application on your husband’s behalf.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law


He can apply for a visit visa but the problem will be that the UKBA will know about the earlier application for a spouse visa and will be suspicious that the application is actually so he can stay her permanently, so it’s a bit more difficult.

The eligibility criteria for a visitor's visa is as follow (as I am sure you know), is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You have to try and show them that he has continuing obligations in his home country which will continue after the visit and therefore convince them that he is not a risk of overstay because he at present has compelling family and social/work ties to his home country which mean that he will not attempt to secure a permanent stay here whilst he is visiting. Things like a letter from his employer stating he has a job (if he does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money he has available, letters from relatives/friends confirming any obligations he has to them.

If you are based in the UK and will assist her during the intended stay you should go to a local solicitor to draft a sponsorship declaration in which you state the terms of the visit, that you are to return at the end of it, that although you are in a relationship with her you both know that she MUST leave at the end of the visit because it would harm the chances of any future application made to secure leave to remain on the basis of that relationship, that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during his stay so that nether of you will need to access public funds.

This should cost around £50+vat and you can find immigration solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
.
The UKBA are suspicious of one party to a married couple visiting the other party in the UK because of the huge problem with overstayers so you have to give them as much documentary evidence as you can that indicates that her life remains back in his home country and that there are verifiable reasons which will compel him to return.
.

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.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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
Customer: replied 1 year ago.


One last question, do I need to be earning, or have in the bank, the same amount of money for a visitors visa as you need for a settlement visa?

Expert:  Thomas replied 1 year ago.
Hi

It is fine. Simply in terms of finance the savings you have are more thab sufficient for you to aponsor his visitors visa application. .

Please remember to rate my answer.

Kind regards

Tom
Thomas, Solicitor
Satisfied Customers: 6538
Experience: BA (Hons), PgDip, Practising Solicitor
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