How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6293
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Immigration law. If you are married and your wife has a visit

Customer Question

Immigration law. If you are married and your wife has a visit visa for two years? Her visa ends on the 8th August 2013. What is my role to comply with next step to get her visa reinstated or whats the next step she is in part time college learning english. I hold a British passport.
Thank you
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Are you certain that she has been granted a 2 year multi-entry visitor's visa and NOT a spouse visa?

Tom
Customer: replied 1 year ago.
What's the differents?
Expert:  Thomas replied 1 year ago.
Hi,

A visitors visa for two years is where it is granted to her so that she can come for periodic visist during the two years. She cannot stay here permanently for the two years and must not stay any more than 6 months in any given one year period. She cannot work under this form of visa.

A spouse visa is where she is permitted to come to the UK as the spouse of you (a UK citizen) to settle here permanently. She can stay for the whole of the visa period during this time and can work.

Which do you think it is that she has?

Tom
Customer: replied 1 year ago.
Relist: Answer came too late.
Expert:  Thomas replied 1 year ago.
Hi,

I assume that you have re-listed this in error. You will see from my most recent post that I have described the difference between a visitor's visa and a spouse visa.

I need you to identify which is it that you wife presently has because my advice differs depending on which.

Please let me know if she has a spouse visa or a visitor's visa?

Tom
Customer: replied 1 year ago.
Yes it's a visit visa 100%
Sorry
Expert:  Thomas replied 1 year ago.
No problem.

Has she remained in the UK since she came here for the first time on the visitor's visa?

When did she arrive in the UK?

Tom
Customer: replied 1 year ago.
30th may 2011 she enter the uk.
Expert:  Thomas replied 1 year ago.
Hi,

OK. Has she remained in the UK since this time?

Tom
Customer: replied 1 year ago.
No we have been traveling back and fro to morocco. On her college break to see her sick mum.
Expert:  Thomas replied 1 year ago.
Thanks.

Once her visa has expired, is it intended that she settle permanently in the UK with you?

Tom
Customer: replied 1 year ago.
I hope so. When do we send her passport in and what's the procedure on that?
Expert:  Thomas replied 1 year ago.
Drafting your answer now. I shoudl have it ready in 5 mins.

Tom
Customer: replied 1 year ago.
Ok thanks Thomas. Also, can we still visit her mum before her visa runs out? Her mother is very poorly.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Your wife will have to return to her home country before her visa expires to make an application.

If it is the case that she will live in the UK permanently with you upon her return then she will have to apply for a spouse visa 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
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• 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 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 your employer stating that you have a permanent job, 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 spouse 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 or that you can afford to accommodate yourselves once here.

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


He will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.

She cannot apply for this visa from within the UK because she is on a visitor’s visa and you are not permitted to switch to another visa category whilst in the UK because it is a condition of such a visa that you must leave the UK before the expiry of it.

The alternative to the spouse visa is for your wife to apply for a further visitor’s visa under the same circumstances as this one, but she would still have to leave the UK to apply for it.

Whichever visa she applies for I would strongly recommend that she instructs a UK based immigration solicitor to prepare it for her.

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


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.
Thomas I do apologise. Her visa is a spouse/cp
Does that change things
Expert:  Thomas replied 1 year ago.
Right. That means she is on a spouse visa, not a visitor's visa.

How many days from 30th May 2011 to 28th May 2013 do you expect that she will have spent outside the UK?

Tom
Customer: replied 1 year ago.
4 months.
Customer: replied 1 year ago.
Also Thomas am a retired pensioner. Disabled too. Have my own home. My wife is my carer to me. Because I need assistant to everyday needs.
Expert:  Thomas replied 1 year ago.
Right.

Usually a spouse would apply for Indefinite Leave to Remain before the expiry of their visa so that they can remain permanently in the UK without applying for any more visas.

There is a general rules of thumb that a person should not be absent for more than 75 odd days in the two year period before they apply but each case is judged on it's merits. However, there is an element of flexibility if the time spent outside the UK was a result of thei work or because of exceptional compassionate circumstances.

If this is the case then she should apply for indefinite leave to remain (ie. settlement) by following the guidance on the following page:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/

She will have to submit form SET(M) to the UKBA. Please ignore the references to the 5 year period on the above page. The rules changed frmo a 2 year qualification period to a 5 year period in July, but your wife will be judged on the old rules:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/before9july/

Please rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6293
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
Which form do I need to apply for my wife's stay in the uk??
Expert:  Thomas replied 1 year ago.
Hi,

If she is to apply for Indefinite Leave to Remain then she has to submit form SET(M), which available to download on the link I mentioned in my most recent post.

If she is to apply for simple further leave to remain because she does not meet the criteria outlined on the above link (except for 5 years inthe UK) then she should submit form FLR(M).

She is on a spouse visa so she can do this in the UK, she does not have to leave the UK to make either application.

Thanks for rating my answer and for your very kind bonus.

Best of luck.

Kind regards.

Tom
Customer: replied 1 year ago.
Your welcome. Thank you so much for your outstanding quick reply.
Can I apply for her indefinite stay in the uk from now? Even if her visa is still valid? Or is it better to apply for the 5 years one?? Please advise!
Thanks
Expert:  Thomas replied 1 year ago.
Hi,

No the five year requirement is for people who got their spouse visas on or after 9th July 2012.

The old rules apply to your wife (2 year requirement):-http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/before9july/

If she came to the UK on 30th May 2011 then she should apply on 1st June 2013 for indefinite leave to remain if she meets the critera on the following link:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/
Ignore the reference to 5 year on the link though.

It does not matter that he visa is still valid, it is in fact a requirement that she still has leave to remain.

You shoudl instruct a solicitor to preapre the application for her though, just to ensure that it will be approved by the ukba.

Kind regards.


Tom

Customer: replied 1 year ago.
I would appreciate it if you Can recommend a good solicitor that can do this for me please?
Expert:  Thomas replied 1 year ago.
Hi,

I can't give recommendations under the conditions of this site.

I would use the following Law Society solicitor search engine to find those located in the area then check their websites:-
www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Kind regards.

Tom
Customer: replied 1 year ago.
May I thank you once again for your great help and advice.
Wishing you a great new.

Kind Regards
Expert:  Thomas replied 1 year ago.
Thank you. You too..

Good luck.

Tom

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice