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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am married to a girl in ukrain russia i have sent her and

Customer Question

i am married to a girl in ukrain russia i have sent her and son money every week for 14 mounths we are deeply in love we can prove to the british embersey we wont to be togever with out eney dout that we are a familey i have not paid tax to hm revenue and customs since i have been selfemployed for about 15 years for one reason or a nover i am not bankrupt and i have everything she needs here in london and as i speak i have now got a accountant dowing my accounts my question is can my wife and her son come and live with me in london if not wy not and how can i solve this problem
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.
Hi,

You have not paid tax/national insurance contributions for ANY of the 15 years you have been in the UK. Is this correct?

Kind regards.

Tom
Customer: replied 6 years ago.
that is correct
Expert:  Thomas replied 6 years ago.
Is she applying for a spouse visa (ie. settlement) or simply for a visitor's visa?

Tom
Customer: replied 6 years ago.
i am not shore wot spouse means she is applying to live with me in london
Expert:  Thomas replied 6 years ago.
What nationality are you?

If you are not UK what is your immmigration status in the UK?

Tom
Customer: replied 6 years ago.
i am british
Expert:  Thomas replied 6 years ago.
Hi,

Thanks for your reply.

I assume you mean she is applying to come here to settle permanently with you. This means she must apply for settlement (ie. 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 (marriage certificate)
• 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
• 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
• 4. You can support each other without the need for public funds (bank statements, evidence of income)
• 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 (tenancy agreement, land registry docs if you your own home)
• 6. That neither of you are younger than 21 years of age. (birth certificates, passports)
To prove the above eligibility criteria and in particular to prove that you will be able to financially support eachother without the need to access public funds you must submit documentation in support of your application

This would be some of the following:-
• Bank statements from both you and your wife 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 wife 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
• Evidence that she can speak English: http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners
• You should also include job adverts showing jobs available that your wife could do when she comes here and show, via your wife’s CV, that she has the qualifications and work experience that she would be a viable candidate for those roles
Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

This causes a problem for you in that your tax record is (I presume) incomplete and therefore it will be difficult to convince the UKBA that you have a verifiable record of income from which you can expect to support each other. If you have not submitted tax returns to HMRC then the UKBA will be able to reject on the grounds that as you have not paid tax on earnings it is unclear whether you future income will be sufficient (following deduction of unpaid tax) to support eachother). They would then reject this for insufficient supporting documentation.

If she has already submitted her application then there is no harm with her proceeding with the interview if she has been called for one, but I would mentally prepare yourselves to be rejected.

You need to get your accountant to sort your backdated tax position so that you have some certainty over the amount of income you will have available to support yourselves and then make a further application.

Sorry it could not be better news.
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Kind regards,


Tom
Customer: replied 6 years ago.
wot about if i tell her not to go to the embersey untill my accountant has done my accounts
Expert:  Thomas replied 6 years ago.
Hi,

If she has not submitted the application yet, then yes I would suggest that she does not submit until you have taken the advice of your accountant.

Because of this complication I would also suggest that you see a local immigration solicitor to help with the drafting of the application to adequately explain your tax difficulties and what you are doing to recitfy them.

Applying successfully for a spouse visa is not easy.

Kind regards,

Tom
Customer: replied 6 years ago.
will i need a imagrashion solictor if my tax afers are up to date
Expert:  Thomas replied 6 years ago.
Please click accept and I shall answer.

Kind regards,

Tom
Customer: replied 6 years ago.
if i get my tax aferes up to date befor she applyes for visa will she then be able to come and live with me
Expert:  Thomas replied 6 years ago.
I understand the question you are asking, but I shall be grateful if you would click accept. I will then almost immediately reply with an answer. Your question will not close.

Kind regards,

Tom
Thomas and 3 other UK Law Specialists are ready to help you
Expert:  Thomas replied 6 years ago.
Hi,

It's not mandatory to have a solicitor in order to be successful in applying, but instructing a solicitor to prepare the whole thing for you gives a much. much greater chance of success.

It would cost around £1000+vat to instruct a solicitor to prepare an application for you. If you do not instruct a solicitor to prepare the application then you should at the very lease get them to check the application that you prepare/ This would cost around £350+vat.

Thanks for your accept.

Kind regards.

Tom