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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Question, is about UK fiance/spouse visa. my Chinese girl

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Question, is about UK fiance/spouse visa.
my Chinese girl friend and I have know each other for 2 and been dating for 18 months.
We meet in a Chinese city where i was working, she was a student there.
later i moved on to 2 other cities, our relationship continued and we traveled to visit each other many times during my work and her studies.
She is 23 and I 50, now she is studying in Canada and I have traveled to see her there. We have had some holidays together traveling (docs available).
We wish to marry, and settle in the UK, will we get fiance/spouse visa
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 10 months ago.
Hi

Are you now based in the united kingdom?

There is a financial requirement, do you have an annual salary income in excess of £18600?

Kind regards

Tom
Customer: replied 10 months ago.

Yes in excess of the minimum amount.


My home is in the UK, but my work is all overseas living in hotels, mainly China.


 

Expert:  Thomas replied 10 months ago.
Hi

Thanks for your reply.

If you are a uk citizen and have a salary above the threshold level then you would be eligible to apply for settlement. please note that you must have been in receipt of the salary for 6 months.

There are two ways of going about it.

The first is to marry outside the UK then for her to apply for a spouse visa. One application, one application fee.

The second is to apply for a fiance visa. This his where you apply on the basis that you will marry in the UK when she comes here. She would then have to make another application from within the UK once you are married to switch to a spouse visa.

Applying for a fiance visa is more complicated than a spouse visa. This is because you only have to prove that you are married with a spouse visa, whereas you with a fiance visa you have to prove that you intend to marry. This means that the amount of documentary evidence to submit with the application is increased, You have to submit things like evidence of engagement, engagement rings, booking of wedding venue, wedding invitation and possibly a honeymoon as well.

The best advice that I can give is that you should instruct a UK immigration solicitor to act on your behalf. They would conform your eligibility, then draft the application and collate all of your supporting ddocumentation to submit with it.

Additionally, if you apply via the fiance visa route there would be another application fee to switch to a spouse visa.

Once your wife has been in the UK for a period of five years on her spouse visa then she can apply for indefinite leave to remain so that she can stay here permanently without applying for any more visas



If this is useful please kindly rate my answer as okay services or above. If you do not then I do not receive any credit for the time I have taken to answer your question.
Customer: replied 10 months ago.

What impact would the following have


1,does the age difference make to either application?


2, sponsoring a previous partner 10 years ago (now divorced 6 months) and she has left the UK.?


 


These are the specific points that I would like clarification on

Expert:  Thomas replied 10 months ago.
Hi

The key point is that provided the united kingdom border agency is satisfied that your current relationship is genuine then neither of the two issues which you have raised will make a difference.

However, I would suggest that you start thinking about other supporting evidence that you can produce to show the chronology of your current relationship. This would be things like correspondence, statement from you both about the relationship, and perhaps evidence in the form of photographs or receipts for the trips that you have taken together.

Once the credibility of the relationship is established then goes to issues will fall away and not cause you any problems.

Please remember to rate my answer.

Kind regards

Tom
Expert:  Thomas replied 10 months ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom
Customer: replied 10 months ago.

the majority of what you said is plain to see on the internet, I would like to know what ratio of age gap red flags the application, its not about getting around it, its about the best procdure for success full application.


 


We have the history, we have the documents, pictures etc.


I will do the clicky just give more info and what experience you have had in similar situations, examples, and success.

Expert:  Thomas replied 10 months ago.
Hi

The united kingdom border agency will be more suspicious if there is an considerable age gap, I'm afraid that this is a simple fact. I have acted for number of clients weather is significant age gap between the uk husband and a foreign national wife.

Though the age gap is considerable in your case, you do appear to have a substantial history of time spent together.

The key things that make the united kingdom border agency suspicious that the relationship is not credible is where there has not been a good deal of contact in the past. For example if I have only been one trip out to meet the wife and sparse correspondence then this alone would not be enough for them to find a relationship credible.

If the relationship between the parties appears to be relatively short then they will also be highly suspicious and unless there is a very high amount of contact in the short relationship timespan then they will find it difficult to determine that the relationship is credible.

There is no specific age gap which makes them more suspicious the other types of applications, each case is judged on its merits and it is more subjective than simply an age gap.

If you met in china before moving around and still maintaining contact, before she then moved to canada where you continued contact with additional holidays then this will be sufficient for them to find a relationship credible. It is just a question of documenting it with your correspondence, photos, evidence of traveling, receipts and any other sundry documentation you can remember to show your time together.

Please remember to rate my answer. I do not get rewarded for the time I have taken to answer your question unless you do.

Kind regards

Tom
Thomas, Solicitor
Satisfied Customers: 6373
Experience: BA (Hons), PgDip, Practising Solicitor
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