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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2105
Experience:  I am a qualified solicitor and an expert in UK law.
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Dear Sir or Madam Background / History info: - We are

Resolved Question:

Dear Sir or Madam

Background / History info:

- We are a family of 3 living in Finland. I am employed as a senior software engineer.
- I am a Libyan citizen and have a permanent residence permit that enables me to work and live in EU schengen area.
- My wife and son have dual nationality Libyan and British citizen with passports.
- My wife is unemployed but receives benefits from the unemployment office. She is currently studying Finnish part of the integration program they offer.
- I have applied for EEA permit but was refused because I did not show my wife is employed or self employed.

I would like to ask which visa type i should apply for to join my wife to study in uk? when stated above facts.

Kind regards
ehab aboudaya
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 10 months ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

If you wish to study in the uk then you would need to apply for a tier 4 visa allowing you to undertake studies in the uk. Please see following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/apply-outside-uk/

If your wife was to take up employment in Finland for at least 3 -6 months then you would not need to apply for a visa and provided you can show you are married and your wife has been working in Finland you would get an eea family permit upon arrival to the uk. This will be issued for 6 months and prior to the expiry of your visa you would need to apply for an eea resident permit. Your wife you of course need to be in employment when you apply for an eea resident permit after arriving to the uk.

This visa will allow you to work and undertake studies in the uk.

The above would be your best option to undertake studies in the uk.

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 10 months ago.

Thank you for your quick answer. I appreciate that, here is some more details.


 


- The main reason we are moving to UK because my wife has a scholarship and offer to study in UK.



- I will not be studying in UK, i will be trying to find work.



- She cannot be employed before her studies that start in January 2014.



I see 2 paths/questions:


------------------------------------


A- Travel with my wife to UK with what visa type that permits me to extend my stay without leaving the UK and re-entering?



B- If she travels to UK alone, what visa type can she apply for me to join her in UK later and what are processing times estimates/successful rates ?


 


i hope gave more info to learn what options i have.


 


Thanks again.


ehab


 

Expert:  UK_Lawyer replied 10 months ago.
Thank you for your reply.

Unfortunately the visa you are wanting to apply for does not exist because if your wife is studying in the uk then she is unable to sponsor anyone else to the uk simply because as her spouse she can only sponsor you your the uk is if she is working and earning 18,600 gross for a period of 6 months or if she has savings of 62,500 cash in her account.

Therefore it would not be possible for you to apply for a visa on her basis. You only option would be to apply for a tier 2 visa allowing you to work in the uk and apply on your own basis . Please see following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/outsideuk/

As stated your best option would be to try and get your wife to work in Finland and then apply on the basis of her working in Finland as mentioned above.

If not Unfortunately you are unable to apply on the basis of your partner.

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.
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