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

visa for two years? Her...
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.
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Answered in 1 minute by:
1/14/2013
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,625
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

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

Tom
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Customer reply replied 4 years ago
What's the differents?
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
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Customer reply replied 4 years ago
Relist: Answer came too late.
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
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Customer reply replied 4 years ago
Yes it's a visit visa 100%
Sorry
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
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Customer reply replied 4 years ago
30th may 2011 she enter the uk.
Hi,

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

Tom
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Customer reply replied 4 years ago
No we have been traveling back and fro to morocco. On her college break to see her sick mum.
Thanks.

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

Tom
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Customer reply replied 4 years ago
I hope so. When do we send her passport in and what's the procedure on that?
Drafting your answer now. I shoudl have it ready in 5 mins.

Tom
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Customer reply replied 4 years ago
Ok thanks Thomas. Also, can we still visit her mum before her visa runs out? Her mother is very poorly.
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
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Customer reply replied 4 years ago
Thomas I do apologise. Her visa is a spouse/cp
Does that change things
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
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Customer reply replied 4 years ago
4 months.
Customer reply replied 4 years 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.
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
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,625
Experience: BA (Hons), PgDip, Practising Solicitor
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Thomas and 87 other UK Law Specialists are ready to help you
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Customer reply replied 4 years ago
Which form do I need to apply for my wife's stay in the uk??
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
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Customer reply replied 4 years 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
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

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Customer reply replied 4 years ago
I would appreciate it if you Can recommend a good solicitor that can do this for me please?
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
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Customer reply replied 4 years ago
May I thank you once again for your great help and advice.
Wishing you a great new.

Kind Regards
Thank you. You too..

Good luck.

Tom
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Thomas
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