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Join family living permanently in the UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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SyS64786
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Joined: Sat May 21, 2016 5:51 am

Join family living permanently in the UK

Post by SyS64786 » Wed Oct 12, 2016 2:01 am

Can some please guide me if i have to show £18,600 on bank statement ? or do i have to show that i am working and earning 18,600 per annum. I am actually still a student and not working so is my spouse studying. we are both uni student.

We would be the best way and easiest way to join my spouse in UK. She is in UK while i am not.


"£18,600 per year if you’re applying only for yourself"


https://www.gov.uk/join-family-in-uk/eligibility

noajthan
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Re: Join family living permanently in the UK

Post by noajthan » Wed Oct 12, 2016 8:50 am

Income (per year) - not savings.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: Join family living permanently in the UK

Post by Casa » Wed Oct 12, 2016 9:13 am

Without income you would need £62,500 in savings, held in an accessible account for at least 6 months.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

SyS64786
Newbie
Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Join family living permanently in the UK

Post by SyS64786 » Wed Oct 12, 2016 11:23 am

Thank you for you reply .

Please tell me which route would be easier for me

1 . I Lived in Uk for few year on Tier 4 Visa.
2 . Been given a warning ( pnd in Uk )
3 . Recently applied for Uk visa and didn't show Pnd on visa form.
4. Visa got rejected under 320 (A).
5. My partner is asslym seeker in UK.
6. She has already got visa and would be able to apply for
Passport in 3 years.
6. We have a relationship of 3 years.
7. We intend to get married once we are done with studies.

What would be best route for me keeping the above in view.

Regards.

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Join family living permanently in the UK

Post by physicskate » Wed Oct 12, 2016 8:27 pm

SyS64786 wrote:Thank you for you reply .

Please tell me which route would be easier for me

1 . I Lived in Uk for few year on Tier 4 Visa.
2 . Been given a warning ( pnd in Uk )
3 . Recently applied for Uk visa and didn't show Pnd on visa form.
4. Visa got rejected under 320 (A).
5. My partner is asslym seeker in UK.
6. She has already got visa and would be able to apply for
Passport in 3 years.
6. We have a relationship of 3 years.
7. We intend to get married once we are done with studies.

What would be best route for me keeping the above in view.

Regards.
What visa are you applying for? Your partner is not settled and you are not pre-flight family.

Are you sure of the reason for rejection? I cannot find a code 320 (A). Is that 320 (7A)?

Have you lived together in a relationship akin to marriage for the last 24 months?

SyS64786
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Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Join family living permanently in the UK

Post by SyS64786 » Wed Oct 12, 2016 8:36 pm

physicskate wrote:
SyS64786 wrote:Thank you for you reply .

Please tell me which route would be easier for me

1 . I Lived in Uk for few year on Tier 4 Visa.
2 . Been given a warning ( pnd in Uk )
3 . Recently applied for Uk visa and didn't show Pnd on visa form.
4. Visa got rejected under 320 (7A).
5. My partner is asslym seeker in UK.
6. She has already got visa and would be able to apply for
Passport in 3 years.
6. We have a relationship of 3 years.
7. We intend to get married once we are done with studies.

What would be best route for me keeping the above in view.

Regards.
What visa are you applying for? Your partner is not settled and you are not pre-flight family.

Are you sure of the reason for rejection? I cannot find a code 320 (A). Is that 320 (7A)?

Have you lived together in a relationship akin to marriage for the last 24 months?

thank you for your reply ..

I am intending to apply for visa to join her in UK ( family visa) . Nope we haven't lived together yet.
and sorry my bad yes it was 320 (7A).

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Casa
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Re: Join family living permanently in the UK

Post by Casa » Wed Oct 12, 2016 8:47 pm

You won't qualify for a settlement visa until your partner is able to meet the £18,600 annual income level.

Also, as you haven't lived together you would have to marry as you don't qualify as an unmarried partner.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

physicskate
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Re: Join family living permanently in the UK

Post by physicskate » Wed Oct 12, 2016 8:48 pm

A couple things:

UKVI do not consider you to be family, so you cannot join her (you will not fulfill the unmarried partner category). Non-settled persons cannot sponsor a fiance or proposed civil partner.

They have accused you of deception in a previous application, so unless you can sort that and convince them that there was no deception you will not be granted a UK visa for at least 10 years, as any future applications will be refused under 320 (7B). This was all laid out in the letter you would have received with the deception refusal. Did you lie or misrepresent yourself? Did you send false docs?

SyS64786
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Joined: Sat May 21, 2016 5:51 am

Re: Join family living permanently in the UK

Post by SyS64786 » Wed Oct 12, 2016 9:00 pm

physicskate wrote:A couple things:

UKVI do not consider you to be family, so you cannot join her (you will not fulfill the unmarried partner category). Non-settled persons cannot sponsor a fiance or proposed civil partner.

They have accused you of deception in a previous application, so unless you can sort that and convince them that there was no deception you will not be granted a UK visa for at least 10 years, as any future applications will be refused under 320 (7B). This was all laid out in the letter you would have received with the deception refusal. Did you lie or misrepresent yourself? Did you send false docs?
So we first have to get married and then apply it ? and secondly I was given warning ( PND ) in UK and whenever they gave me i was told it is just for Police identification purposes and i wrote no to question

HAVE YOU RECEIVED ANY OTHER PENALTY IN RELATION TO A CRIMINAL OFFENCE; FOR EXAMPLE A CAUTION, REPRIMAND, WARNING, OR SIMILAR PENALTIES IN THE UK OR ANY OTHER COUNTRY?

physicskate
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Re: Join family living permanently in the UK

Post by physicskate » Thu Oct 13, 2016 7:37 am

SyS64786 wrote:
So we first have to get married and then apply it ? and secondly I was given warning ( PND ) in UK and whenever they gave me i was told it is just for Police identification purposes and i wrote no to question

HAVE YOU RECEIVED ANY OTHER PENALTY IN RELATION TO A CRIMINAL OFFENCE; FOR EXAMPLE A CAUTION, REPRIMAND, WARNING, OR SIMILAR PENALTIES IN THE UK OR ANY OTHER COUNTRY?
Have a read:
https://www.gov.uk/government/uploads/s ... nce_v2.pdf

But honestly, you are going to have to prove that you were not trying to deceive the IO in the first application. Ignorance is no excuse, so I am not sure how you are ever going to get rid of that...

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Casa
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Re: Join family living permanently in the UK

Post by Casa » Thu Oct 13, 2016 9:25 am

You also seem to be ignoring the fact that you won't qualify for a spouse or fiance visa until:

1. Your partner has settled status
AND
2. She is earning £18,600 p.a

You say that your partner will qualify for a passport in 3 years time. She will first need to have been granted ILR and then British Citizenship before she can apply for a British passport.

What category of visa does she currently hold and when was it issued?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

SyS64786
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Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Join family living permanently in the UK

Post by SyS64786 » Thu Oct 13, 2016 8:40 pm

Casa wrote:You also seem to be ignoring the fact that you won't qualify for a spouse or fiance visa until:

1. Your partner has settled status
AND
2. She is earning £18,600 p.a

You say that your partner will qualify for a passport in 3 years time. She will first need to have been granted ILR and then British Citizenship before she can apply for a British passport.

What category of visa does she currently hold and when was it issued?

if she has 62,500 £ in bank or if i have in my bank and we are married in any other country other than UK. would i be able to apply for spouse visa. 62,500£ funds can be held in any of us account or joint account ?
She will get her citizenship in 2020 or 2019.

physicskate
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Re: Join family living permanently in the UK

Post by physicskate » Thu Oct 13, 2016 8:43 pm

As has been said, you cannot be the spouse of a settled person if that person does not hold settled status (ILR or citizenship)!

noajthan
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Re: Join family living permanently in the UK

Post by noajthan » Thu Oct 13, 2016 8:44 pm

Nothing can happen until fiance is settled!
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: Join family living permanently in the UK

Post by Casa » Thu Oct 13, 2016 8:50 pm

You haven't confirmed what category of visa your partner holds at present, only that she previously claimed asylum. :?:

When will she qualify for ILR (not BC) :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

SyS64786
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Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Join family living permanently in the UK

Post by SyS64786 » Thu Oct 13, 2016 11:50 pm

Casa wrote:You haven't confirmed what category of visa your partner holds at present, only that she previously claimed asylum. :?:

When will she qualify for ILR (not BC) :?:
She holds "Refugee leave to remain, from 2014 to 2019 "

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Casa
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Re: Join family living permanently in the UK

Post by Casa » Fri Oct 14, 2016 9:09 am

In which case, the earliest your partner will qualify for ILR (settled status) will be in 2019. Until then she will be unable to sponsor you as a fiance or a spouse, regardless of income or savings.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

SyS64786
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Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Join family living permanently in the UK

Post by SyS64786 » Fri Oct 14, 2016 1:23 pm

Is there any other route we can avail .. EU ? :? actually i want to apply for Tier 4 but i am so worried that i would get 320 (7B) 10 years ban because of i have made a blunder and put "no" to the question about warnings and PND and it is affecting my studies now ... it is so distressing :( i have my last year remaining for my degree.. i don't know what to do ...

physicskate
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Re: Join family living permanently in the UK

Post by physicskate » Fri Oct 14, 2016 3:13 pm

SyS64786 wrote:Is there any other route we can avail .. EU ? :? actually i want to apply for Tier 4 but i am so worried that i would get 320 (7B) 10 years ban because of i have made a blunder and put "no" to the question about warnings and PND and it is affecting my studies now ... it is so distressing :( i have my last year remaining for my degree.. i don't know what to do ...
If your fiance is a refugee, she has claimed humanitarian protection in the UK... this means she is not an EU citizen. What EU rule would apply??

SyS64786
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Posts: 42
Joined: Sat May 21, 2016 5:51 am

Re: Join family living permanently in the UK

Post by SyS64786 » Fri Oct 14, 2016 4:11 pm

physicskate wrote:
SyS64786 wrote:Is there any other route we can avail .. EU ? :? actually i want to apply for Tier 4 but i am so worried that i would get 320 (7B) 10 years ban because of i have made a blunder and put "no" to the question about warnings and PND and it is affecting my studies now ... it is so distressing :( i have my last year remaining for my degree.. i don't know what to do ...
If your fiance is a refugee, she has claimed humanitarian protection in the UK... this means she is not an EU citizen. What EU rule would apply??

I have no idea about it i am asking if there is any way. secondly what are the chances if i apply for tier4 if i explain them things .. would i be able to clean my slate :( my studies are affecting badly :( or i need not to apply and find alternative option to finish my studies ? :(

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