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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1973
Experience:  BA (Hons), PgDip, Practising Solicitor
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1. I am an Indian citizen currently in USA on H-1B visa. I

Customer Question

1. I am an Indian citizen currently in USA on H-1B visa. I might get married to a UK citizen in October 2015 and then be back in USA for working. And am planning to migrate to UK. Then what visa will i be there(I think its spouse visa) and how soon will I be eligible to migrate to UK and start working there. Also please let me know what paperwork would be needed for this?
2. If my wife(british citizen) wants to come to USA and work here then what is the process then how can she work here ?
3. My Sister is on UK spouse visa and would like to bring our parents (Indian citizens) to UK permanently. What is the process for this ?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
I can answer all your questions except the element relating to her immigration to the United States because you have posted your question to UK law. If you want an answer for this then you will have to post a further question to us law. Do you want me to proceed?
Kind regards
Tom
Customer: replied 1 year ago.
Hi Tom,I did not get any email about your response so that's why didn't know that you have replied. Sorry about that.Please go ahead and answer the other questions.Thanks,
Nishanth.
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you. You have to apply from a spouse visa once you are married in order to come to the UK to settle with your spouse. You can do this once you are married provided that you meet the eligibility criteria and can evidence this with documentation. The webpage on spouse visas is here:https://www.gov.uk/join-family-in-ukThe eligibility criteria is here:-https://www.gov.uk/join-family-in-uk/eligibility If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:- you and your partner are both aged 18 or over at the date of application;your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;your partner is not related to you in a way that means you could not marry in UK law;you and your partner have met in person;your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;you meet the suitability requirementsany previous relationship has permanently broken down (this does not apply to certain polygamous relationships);you and your partner intend to live together permanently in the UK;You must meet the financial requirement:-https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdfThis 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 would also have to show that you meet the English language requirement:-https://www.gov.uk/join-family-in-uk/knowledge-of-english You have to produce to the Home Office documentation that proves the above. This You will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online You can find Uk immigration solicitors through the following Law Society Website search engine:-http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law I would strongly consider instructing a solicitor to prepare the application and supporting evidence for you because it can be quite complicated depending on your individual circumstances. The visa will be granted for a period of 33 months. You will have to apply for further leave to remain at the end of this time. You can apply for indefinite leave to remain once you have been here for 5 years. After that you can apply to be naturalised as a UK citizen if you wish. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom

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