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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6046
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an Americam national on a student visa which runs out

Resolved Question:

I am an Americam national on a student visa which runs out in Jan. I wish to marry a uk national and also gain employment to support myself. If this is not possible my fiance could sponser me. What are all the rules covering this and how much would it cost for him to sponser me
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

What level of income (per annumm) does your fiance have please?

Tom
Customer: replied 1 year ago.

he is presently looking for employment and doesnt know how much pa he should have or how much savings he needs

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You can switch to a spouse visa once you are married but there is a bit of a problem for you in respect of the financial requirement at the moment.

You will need to apply for a spouses visa (ie. Settlement),

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:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. 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
• Generally the UK based spouse must earn a minimum income threshold of £18,600, but the figure is increased if children are coming to £22,400 for one child and an additional £2,400 for each further child. More info on how you can meet this requirement here:- http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from any employer stating that your spouse has a permanent job )when they do), contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement

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


Your spouse needs to get a job above then income level, or find another way of meeting the criteria according.to the guidance.

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Kind regards,


Tom
Customer: replied 1 year ago.

what is the criteria to meet if he doesnt have a job

Expert:  Thomas replied 1 year ago.
There isn’t any other separate criteria. He either meets the financial criteria, or he doesn’t I’m afraid.

The threshold was only brought in in July, so it’s very new. Chances are that it will be found to be unlawful in a year or so, but at present if you do not meet the criteria then you won’t get a visa.

They need to find a job to meet the salary level unfortunately.

I’m very sorry.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6046
Experience: BA (Hons), PgDip, Practising Solicitor
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