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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6300
Experience:  BA (Hons), PgDip, Practising Solicitor
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I meet my wife almost 2 years ago and we were married on 14th

Resolved Question:

I meet my wife almost 2 years ago and we were married on 14th September 2012.
She works 50 miles from home (lives In) and I only see her at weekends - OH - forgot to say... My wife comes from the Philippines and has worked here for almost 5 years For a couple with 5 son`s on a Work Visa (we meet whilst she was working here)

I am hoping you could suggest/advise which visa/permit she should apply for, as her present works visa runs out in October this year.

I said she works 50 miles away from home ... I drive her to work every Sunday night and Collect her most Friday evening or Saturday lunch time ...... I HATE IT.

I wish my wife to be home/here with me Permanently, and to be able to find a job locally

My Intention is to get my wife Sworn In as a Citizen of this Country and apply for a British Passport.

I have looked at Loads of Visa`s/Permit applications on the Internet and am totally confused as to which to advise my wife to apply for .... PLEASE HELP

Respectfully XXXXX
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 11 months ago.
Hi

What nationality are you please? Are you a british citizen?

Tom
Customer: replied 11 months ago.

Sorry ... Should have told you in First Place ... Yes I am British Citizen (Born and Breed) DofB 5th August 1949 (64)


 


My Wife DofB 22nd January 1962 (51)

Expert:  Thomas replied 11 months ago.
Hi

Thanks

What visa does she hold please?

Tom
Customer: replied 11 months ago.

As stated in first statment ... My wife is on a Working Visa at the moment which runs out in October this year

Expert:  Thomas replied 11 months ago.
Hi

There are different types of working visas. Do you know which type? It might be a tier 2 sponsored skilled workers, for example?

Tom
Customer: replied 11 months ago.

Not Sure ... But her contract states she is a sponsored worker


by a Mr and Mrs Johnson in Maidenhead, Berkshire.

Expert:  Thomas replied 11 months ago.
Hi

May I answer tomorrow morning at 9 a.m please?

It's a bit difficult for me to answer right now..

Tom
Customer: replied 11 months ago.

No Problem ... I finish work at 1900 hours and hope to be home by 1930 hours .... Look forward to your reply


 


Have a good evening Bye

Expert:  Thomas replied 11 months ago.
Thanks,

Goodnight.

Tom
Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience.

The first thing you have to do is to see if she is eligible to apply for Indefinite Leave to Remain after being employed on her current visa for 5 years. If she is, then she can apply for ILR (ie. settlement) and once she has it she can remain in the UK indefinitely regardless of any sponsorship. This would mean that she could quite her job and come and live with you. She would not have to make another visa application again.

You need to check the type of visa she has. She should know. It will be on her passport and correspondence from the UKBA in earlier application. It may be a Tier 2 Sponsored skilled worker visa. If that is the case then she has a right to apply for ILR, confirmation here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/settlement/

If she is not in a category which has a right to apply for ILR after 5 years and she wishes to live with you and not work for her employer then you should see if she can apply 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/


She will need to apply for settlement (ie. spouses visa) by using form FLR(M), available for download from UKBA's website.

Once she has the spouse visa she can quite her job and live with you. The spouse visa will be granted for a period of 33 months. She will have to apply for further leave to remain at the end of this time. She can apply for indefinite leave to remain once she has been here for 5 years. After that she can apply to be naturalised as a UK citizen if she wishes.




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



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.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6300
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.

Hello Thomas,

I have another Question for you.

My Philippino Wife ask`s ... Would she be allowed to use her Passport to apply for her `SET` Permit ?

Her current Passport runs out on the 6th April 2014 ... or would you recommend she gets a re-newal Passport first .. before applying for her SET Permit ?

Tomorrow (22nd) she is taking her exam for `Life in the UK` ... After which she wishes to submit all her papers for scrutiny prior to sending them in for her permit.

I hope you can help me again as you did the last time I was in touch.

Many Thanks.

Expert:  Thomas replied 9 months ago.
Hi

I will answer in 20 mins.

Tom
Expert:  Thomas replied 9 months ago.
Hi

She should be able to use her passport if she is to make the application quite soon.

Tom
Customer: replied 9 months ago.

Hello Again,


The wife found out (today) the Law regarding immigrants has changed ... AGAIN ... now it costs more money and more regulations - ( When will the Govn stop ripping off people who are working here Legally like my wife ?) It`s costing a small fortune ..... Any Way - My Problem ....


Under these circumstances will she still be able to use her old Passport ?

Expert:  Thomas replied 9 months ago.

Hi

 

Yes, if her passport does not expire until April 2014 then she will not have any problems in this regard.

Tom

Thomas, Solicitor
Satisfied Customers: 6300
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

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