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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a former Gurkha soldier, now 66 year-old. I have Indefinate

Resolved Question:

I am a former Gurkha soldier, now 66 year-old. I have Indefinate Leave to enter and now living in the UK since July 2010. I have recently married a new wife as my first wife expired in 2009. I married with my second wife in 2010. She is now in Nepal. She is 45. I want to bring her here as my spouse.
Is there any requirement (by immigration) that I should live with my new wife for specific period of time before we apply for settlement visa from Nepal? (because some people say I cannot do so unless I have lived with my new wife for at least 2 years). How far is it true?
Also, I have certain medical condition that I cannot go back to Nepal and live with my wife there.

Thank you.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your reply.

 

She will have to apply for a spouses visa.

 

The eligibility criteria for a spouses visa (settlement) is as follows and I have put suggested documents to enclose with the application in brackets:-

 

1. That you are legally married to each other (marriage certificate)

2. You have met before (statements, correspondence)

  • 3. You are not in breach of the immigration rules (your ILR)
  • 4. You present and settled in the UK (eg. Passport, proof of accommodation)
  • 5. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondences
  • 6. You can support each other without the need for public funds (bank statements, evidence of income)
  • 8. 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)

She will need to pass an english language test showing she has a very basic command of written and spoken English. She can find out approved test providers in his area by contacting the UK embassy nearest to her.

 

You will need to apply for spouses visa using form VAF4 which is available for download from the UKBA website

 

You should consider instructing a immigration solicitor to prepare an application for you, it should cost around £800-1000+VAT.You can find local solicitors via:-

 

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

 

There is no requirement that you live together for a period of two years before applying for a spouses visa, there is this requirement if you are unmarried which I can only assume is what your friends have told you.

 

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 3 years ago.

I have two issues here:

 

1. I have paid 22 pounds for this enquiry. However, I accidently clicked on monthly subscription as well. As a result, I assume that I have been charged twice: One for this question answer (which is fair), another payment for monthly subscription which i did not intend at all.

 

i tried to contact your account department for refund but there is not link/email/telephone number to report this problem.

 

I appreciate if you would please arrange the refund of 22 pounds that I paid. However, if I paid only 22 pounds, then ignore this message.

 

2. I am fairly contend with the information on my question, but one thing, as long as I know, Gurkha's dependents are exempt from language requirement. In many case, Gurkha immigration cases are seen as special cases. This means there is contradiction between what I know and your professional advice.

 

I appreciate if you would once again be able to clarify in this matter.

 

Also, I am now 66, have diabetes and cannot work; I also get state benefits of Pension Credit and Housing Benefit. Does this mean (according to your advice) I cannot sponsor my wife?

Thank you.

Expert:  Thomas replied 3 years ago.

Hi.

 

I do not deal with billing enquiries. Your money is held by Just Answer and only transfers to me when you click accept. If you do not click accept I do not receive any credit for my time. I will contact the moderators though.

 

The two years that you mention only applies if you are applying for indefinite leave to remain as the spouse of a Foreign/Commonwealth citizen as member of the armed forces (ie. as a gurkha) then answer I have given above is on the basis of you apply for settlement not on the basis of your time in the Gurkha's.

 

If you did apply on the basis of being a gurkha you would not meet the requirement of two years in a relationship akin to marriage. You would not have to meet the english language requirement in this case. Please let me know how long you have been in a relationship with your wife prior to marriage.

 

 

The answer I have given is on the basis of a traditional spouses application as the wife of a person with ILR. I attach a link to the UKBA Guidance Notes issued in respect of the English language test and you can see that there is no provision here with respect to special provision made for gurkas if applying not on the basis of being a gurkha and that Nepal is not listed as a majority english speaking country. You can contact the UKBA directly in this regard but there is no provision in the Immigration Rules or on the UKBA website that I can see:-

http://www.ukvisas.gov.uk/resources/en/docs/2885878/guidepartnersenglishlangrequirement

 

 

I trust this clarifies, if so please click accept.


Kind regards,


Tom

Customer: replied 3 years ago.

Dear XXXXX,

 

Thank you for your answer that i am very happy with, and I am more than happy to pay 22 pounds for your time and your professional advice.

 

At this stage i have no more question until I go through the link you have provided me.

 

I think I have already been charged for you answer.

However, I am not accepting your answer just for a reason that I want to be assured by the billing department that I have only been charged for your advice, not for whole month's subcription.

 

If this this accepting prevents you from getting your appropriate fee for you. Please let me know. I am at home and not closing this browser.

 

Please let me know if you do not get paid.

 

Mr Limbu

 

 

Expert:  Thomas replied 3 years ago.
I need you to click accept, I do not get paid unless you do.

Once you have I will email a moderator to get them to contact you about your account settings and subscription.

Please also let me know how long you have been in a relationship with your present wife prior to marriage.

Tom.
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6309
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

Dear XXXXX,

 

Thank you.

 

Ok, I am accepting your answer. But I hope you will please help me deal with this account and billing problem, although it may not be your responsibility.

 

For your information:

 

I have known my new wife since her birth. She is a distant causin of my first wife who expired in Jan 2010. I Married with my second wife in December 2010. My new wife is almost 20 years younger than me.

 

In this circumstance, I do not know to tell you how long relationship I have with my new wife who I married four months ago.

 

I have four grown-up children from my first wife: one of my two daughter lives in Bath, another daughter lives in Nepal with her own family. One of my son lives in London but not with me because I am not allowed to live with him as his council flat he is living with his family is too small to accommodate me. this is the reason why I live separate and claim pension credit and housing benefit. My another son lives in Hong Kong means I am living alone here in LONDON, and my new wife alone in NEPAL.

 

My wife cannot speak English but I know many of my friends' (former Gurkhas of my age) spouses did not go through any English Competency Test in order to come here. My new wife is relatively younger than them. So i do not know if different rule applies to my wife's application.

 

Thank you.

 

Once again I would be very pleased if you ask them once about the billing. I did not want to trouble you but I have no any telephone or email access to them.

 

God bless you.

 

Looking forward to hearing from you soon.

 

Mr Limbu

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