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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am wondering where the best place to find out about me, A

Customer Question

I am wondering where the best place to find out about me, A US citizen marrying a UK citizen but me moving tot he UK requires or what the laws are?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

Is your boyfriend living permanently in the US at the moment?

Kind regards

Tom

Customer: replied 1 year ago.
No he is not. He works for a company that is based on the UK but has an office here in the US and he comes here a few times a year for work.
Expert:  Thomas replied 1 year ago.

Ok, great.

What is his annual salary from his job in the uk please?

Customer: replied 1 year ago.
About $150k
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 will have to apply from a spouse visa if you marry and thereafter wish to settle in the UK with your spouse.

The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk

The 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 requirements
  • any 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.pdf
  • 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 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 would be some of the following:-

{C}· Bank statements from both you and your spouse going back 6 months showing the income/capital you have available

{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment

{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)

{C}· Marriage certificate, Birth Certificate, passport

{C}· 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

{C}· Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

{C}·

{C}· Further information here:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

The advantage for you is that your partner earns above the financial requirement threshold level. This means that if your partner is employed in the UK at above £18600 per annum and simply visits you a few times a year then you would only have to demonstrate his employment income in order to prove that you meet the financial requirement for a spouse visa

You will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online. I would strongly suggest that your boyfriend instructs a UK based immigration solicitor in order to prepare the application on your behalf and advise you on the adequacy of your supporting documents proving the eligibility criteria.

Your boyfriend can find Uk immigration solicitors near him through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

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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