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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi therei am british citizen. just got married to a lady

Customer Question

<p>hi there i am british citizen. just got married to a lady who lives in iran . has two children one 15 year old boy and one 19 years old daughter. can i bring them all into uk? they are all iranian citizens.</p><p> </p>
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,


Thanks for your question.

 

The short answer is that you can apply to bring your wife and her son here if you otherwise fulfill the eligibility criteria, but you will not be able to bring the daughter here on the basis of your marriage to her mother because persons over 18 years of age are not classed as dependents. In order to bring a child here in these circumstance it must be as a dependent.

 

Your wife would have to apply for a spouses visa and show that:-

 

  • 1. That you are legally married to each other (marriage certificate)
  • 2. That you are present and settled in the UK (property records - tenancy agreements, Land registry office copies, other records of your life here, council tax bills etc.
  • 3. You have met before (statements, correspondence)
  • 4. Your decision to marry was not due to you potentially being deported)
  • 5. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements about your relationship from you both and any others, correspondence)
  • 6. You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • 7. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • 8. That neither of you are younger than 21 years of age. (birth certificates, passports)

You will need to apply for settlement (ie. spouses visa) by using VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.

 

You can find Uk immigration solicitors through the following Law Society Website search engine:-

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

 

She will also have make an application for settlement on behalf of her son as her dependent in the same way.


If the application if made after 24th November then she will have to pass an English language test showing she has a very basic command of listening and spoken English. You can contact the home office to find approved test providers in her area.

 

The daughter must instead see if she is eligible to apply under either a student visa of under the points based workers visa system and I attach a link to the governmental page with a menu for these categories so that she can check:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/

 

I am very sorry that I could not have better news in respect of the daughter.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 6 years ago.

1.i was told by a friend of mine that his wife' daughter who was 22 at the time got visa through a solicitor due to the fact that she would be left alone in iran. is this possible?

2.also the son the 15 now how long have we got before he will be classed as adult and hence can not get visa through his mother?

thank you

Expert:  Thomas replied 6 years ago.

Hi,

 

An application could be made for discretionary leave to remain if the daughter is to be at risk by remaining in Iran on her own. This is not one of the usual immigration applications and is very specialist. You would certainly need to instruct a solicitor to do it for you if you are to have a chance of it being successful - it will have to meticulously prepared and very cogently argued.

 

An application would have to be made in very good time before the child is 18, and as sooner the better really.

 

Hope this clarifies, if so please click accept.

 

Kind regards,


Tom

Thomas and other UK Law Specialists are ready to help you
Customer: replied 6 years ago.

fantastic

thank you

Expert:  Thomas replied 6 years ago.

Good luck and thank you for your kind accept.

 

Tom

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