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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 british citizen and have married an indian national

Resolved Question:

I am a british citizen and have married an indian national in 2009. At present i am undergoing medical treatment for renal failure. i would like my husband to be with me in uk what do i have to do
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi

Where are you?

Are you in receipt of public funds?

Kind regards

Tom
Customer: replied 3 years ago.
I am in leicester and at present I am in reciept of disability living allowance higher rate for care and mobility and also emplyment support allowance. I have been given early retirement from work as i am not able to work
Expert:  Thomas replied 3 years ago.

Hi,


I'm on only my phone at the moment.

 

May I answer tomorrow morning please? Around 10.00am.


Tom

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply

Sorry for the delay in responding. As I’m sure you are aware the criteria for obtaining a spouses visa is as follows. You will have to show:-
• 1. That you are legally married to eachother (marriage certificate)
• 2. You have met before (statements, correspondence)
• 3. You are present and settled in the UK (eg. Passport, proof of accommodation)
• 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence)
• 7. You can support each other without the need for public funds (bank statements, evidence of income)
• 8. You have suitable accomodation 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)
• 9. That neither of you are younger than 21 years of age. (birth certificates, passports)

The application will have to be supported by evidence proving the above eligiblity criteria. I have suggested basic documents above, but the list is not exhaustive.

She will also have to pass and english language test showing he has a basic command of spoken and listening English. She can find out approved test providers in her area by contacting the UK embassy nearest to her.

The above financial criteria is taken to mean that you shall not claim any more in public funds as a result of her coming here. That is to say that you can meet the increased expenses of her coming here without need any more benefits. So, the fact that you are in receipt of public funds does not (in and of itself) preclude the chances of a successful application.

In order to give herself the best chance you need to demonstrate either that you have sufficient capital to live off and/or that there are jobs that she can do to provide enough of an income stream so that you will not need access to public funds. It would be a good idea to show job advertisements in the locality that she would have a good chance of getting to provide that income stream.
I would suggest that you instruct a solicitor to prepare the application when the time comes, in view of the fact that you are going to have evidence your capability to meet the financial critieria.

It would cost around £1000 -1200+vat for a solicitor to prepare it on your behalf, or around £300+vat for them to check it

You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The UKBA aims to reach a decision on all applications within 6-8 weeks of submission.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6369
Experience: BA (Hons), PgDip, Practising Solicitor
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