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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6430
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was born in the UK, work and live in the Middle East with

Resolved Question:

I was born in the UK, work and live in the Middle East with my Ethiopian wife and 2 children who have UK passports. My wife and I own property in the UK and Bahrain, she would like to get a Leave to Remain visa for the UK. What is the requirements and the procedure.
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 10 months ago.
Hi,

Will you return to the UK to settle/work here with her?

Tom
Customer: replied 10 months ago.


I work for oil companies in the middle east as an engineer, there is not enough work for me in the UK. I will be home 3 months per year.

Expert:  Thomas replied 10 months ago.
Okay.

So, how much time in the UK during each year would your wife spend in the UK ideally?

Tom
Customer: replied 10 months ago.


we have 2 young children that need to be in school one has a speech problem that needs specialized help not available in the Bahrain.


My wife would be full time in the UK.


 

Expert:  Thomas replied 10 months ago.
Hi,

Thanks, XXXXX XXXXX answer now. 5 mins please.

Tom
Expert:  Thomas replied 10 months ago.
Hi,

Sorry, I require a further bit of clarification.

There is a financial requirement in terms of salary (you may have heard about it). Do you and your wife have savings in excess of £62, 500.00? This is the threshold leval of cash savings on which an application for a spouse visa may be based, if not based on salary..

Tom
Customer: replied 10 months ago.


we own 4 properties jointly, and we have approximately 200k GBP in savings. Additionally I have my job which is excess of 100k GBP


 


Sorry about the delayed response, the web site failed to update

Customer: replied 10 months ago.

Joint Savings = 200k GBP, salary = 100k GBP plus

Customer: replied 10 months ago.


Joint Savings = 200k GBP, salary = 100k GBP

Expert:  Thomas replied 10 months ago.
Thank, got that.

Drafting your answer now. 5 mins please.
Expert:  Thomas replied 10 months ago.
Hi

Thanks for your patience.

It’s not great news I’m afraid. You have a difficult decision to make.
In normal circumstances where a family is returning to the UK your wife would apply for a spouse visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

However, as part of the above eligibility criteria you will see that there is a requirement that you must intend to live permanent in the UK together. This is a big problem for you if you propose to spend all bar 3 months of the year outside of the UK because a person who is permanently residing in the UK would normally be expected to spend a minimum of 6 months in the UK.

If you proposed to proceed on the basis of spending 9 months of the year outside of the UK then you could certainly expect the United Kingdom Border Agency (UKBA) to reject your wife’s application. This means that you would have to appeal. Your evidence on appeal would get a fairer hearing but I would still put the chances of success at considerably below 50%.

The further point to make with going to appeal is that it can take a long time to arrange after the UKBA reject the application. You would certainly be looking at 6 month from the date that you submit the application, but potentially up to a year.

As ridiculous as it sounds there is no category for a mother of UK citizens to come to the UK on their own. The only category similar is a that of an “Parent in the UK “visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/parents/

You will see that it is a requirement of this visa that the parent must not be in a relationship with the other parent.

If you were to spend 6 months out of the year in the UK then your wife’s spouse visa application would be accepted because you have sufficient savings to meet the financial requirement without getting a job offer of employment in the UK, so this might be an option that you may consider exploring if it’s possible.

If your wife was to work in the UK then she may have other options but please let me know if it is intended that she works.

I am very sorry that I could not tell you it is easier..

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Kind regards,


Tom
Customer: replied 10 months ago.


thanks Tom, My daughter with a Speech Problem needs help in the UK, If I am forced to return the UK it would bad decision financially, but it may be required. I could create a real job for my wife in the UK handling my work, if that is permissible. ? I appreciate the help, can you advise of a good lawyer to assist when we decide on option to pursue.

Expert:  Thomas replied 10 months ago.
Hi,

I'm afraid that employing your wife would not be an option because the UKBA would see this as simply a veil to get your wife leave to remain another way.

The speech impediment of your daughter is the type of consideration that may play well on appeal, but I regret that it is not a determinative issue.

I'm afriad I cannot give recommendations under the terms of the site. You should instruct a UK immgration solicitor close-ish to the locality where you woudl return to using the Law Soceity's find a solicitor website:-
http://www.lawsociety.org.uk/find-a-solicitor/

Please do remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
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