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EULawyer
EULawyer, Lawyer
Category: UK Law
Satisfied Customers: 204
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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My partner is turkish and we have just got engaged. We want

Customer Question

My partner is turkish and we have just got engaged. We want to get married in the uk next year. Could you give me advice as to what visa we will need please? Also, he would like to live here permanently but we are unsure whether he would be able to do that straight away or apply for a holiday visa first to enable us to get married? I understand that I have to show i am earning £18,600 per annum. However, I have just qualified as a driving instructor and I cannot show that I am earning that much at the moment. I am also self employed so not receiving payslips. However, I have over £25,000 in savings and currently have very little outgoings. He also has an EU Identity card and although I know he can't use this to gain access to the UK, he has used this to go to a range of countries in Europe so I was wondering if this would go in his favour? Could you please let me know what we need to do please?
Submitted: 1 year ago.
Category: UK Law
Expert:  EULawyer replied 1 year ago.

Dear Customer,

Congratulations for your decision. From your question I deduce (and please correct me if I am wrong) that you are a UK citizen resident in the UK, and he is a Turkish citizen resident in Turkey. So, I have to ask exactly what kind of EU identity card does he have? Specifically, which country has issued it, and how is it entitled (it can be a 'Residence Permit' or a 'Permanent Residence Permit', a Blue Card or other such document). Also, its date of validity.

Depending on your answer, you may be able to skip the authorization process altogether and just get married and settle in the UK. This is because, even though the UK is not in Schengen, it is in the EU, and the same rules apply for residency in all EU member states.

I look forward to you answer.

Cordially,

Ioan-Luca Vlad

Customer: replied 1 year ago.
Hi Ioan-Luca.Many thanks for your reply to my email. Apologies for the delay but I have been waiting for my partner to send me his details on his EU Identity card. His card is valid until 01.12.2016. It says "regulier bepaalde tijd" which I have google translated as meaning "regular temporary". He also has a European Health Card. Both of these cards were issued in the Netherlands and he also has a stamp in his passport for when he entered and returned from the netherlands. I hope I have provided enough information for you to tell me what I will need to do next. If you need anymore information please let me know.Kind regards,
Laura.
Expert:  EULawyer replied 1 year ago.

Dear *****,

I am afraid in such a situation, of a temporary residence permit, your future spouse will have to go through the usual UK route. This means:

Step 1 - obtaining a 'family of a settled person' visa, which can be continuously extended; and

Step 2 - after 5 or 10 years on this visa, apply for permanent settlement in the UK.

The first visa is described here: https://www.gov.uk/join-family-in-uk. You will see in the eligibility requirements here (https://www.gov.uk/join-family-in-uk/eligibility) that 'family' includes engagement, and that you must get married within the 6 months from arriving in the UK, during which time your partner may not work. After you get married, he will be able to work and live in the UK on the visa, constantly extending it for the next five years.

Permanent settlement is described here (https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/no/partner/you-re-still-with-your-partner). Applying for permanent settlement is not possible without having the visa first.

As you can see, the financial requirements for the family visa are lower than for settlement, exactly so as to make it possible to first have a number of years in work, and then pass the higher bar.

I hope this information is useful and that you will achieve your life plan.

I look forward to any further questions and to your rating.

Cordially,

Dr Ioan-Luca Vlad

Customer: replied 1 year ago.
Thanks for your prompt response. I have read up online about the various visa's previously but I have been finding some things unclear! I understand that I have to meet the threshold of £18,600 per annum. Is this correct? Or can he come over for us to get married, providing I have enough money to show I can support us both? I currently have more than £20,000 in my bank and I have just started a new career as a driving instructor so I am self employed but cannot show I am earning £18,600 as I have just started in this line of work. If we get married in April for example, would he have to return to Turkey and then reapply for another visa for him to come back to the uk or can he extend this while he is here when he comes over to get married?Many thanks,
Laura

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