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Spouse Visa for a Chinese Citizen

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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chadwickkcc
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Posts: 9
Joined: Mon Mar 22, 2010 7:50 am

Spouse Visa for a Chinese Citizen

Post by chadwickkcc » Thu Dec 23, 2010 5:43 am

I’m an amateur at immigration law so please excuse me for asking questions that seem blatantly naive. Your advice will be greatly appreciated.

Background:
I am a British Citizen (male) who is currently working in Shanghai, China. A few months ago I got married to a Chinese Citizen (holding a Chinese passport) and the marriage was registered in Hong Kong (since this is where I am originally from and most of my relatives and friends are). We are planning to move back to the UK permanently sometime within the next couple of years. There are two routes we are considering that might grant her a visa, and hopefully permanent residence to remain in the UK – (a) spouse visa (b) student visa and then work permit. We are aware of the fact that the UK immigration policy has become increasingly strict and demanding so the latter route might be another solution should the spouse visa does not work out.

Questions:
1. What are the standard procedures for obtaining a spouse visa? For example, which forms to fill out, the time frame, where to visit, etc?
2. What criteria do immigration officers look for? For example, length of marriage, financial assets, job status, etc?
3. Have any new policies been proposed/enforced since the new coalition government came to power?
4. How long does it take to apply for and be granted a spouse visa?
5. If she gets pregnant in China whilst applying for a spouse visa, would immigration officers take that into account and make any difference?
6. Should she be granted a spouse visa, is there a time limit before which she needs to enter the UK?
7. Should she be granted a spouse visa, how long would it take before she could work, obtain permanent residence and UK citizenship? And are there other criteria that she should fulfil?
8. If she could manage to stay in the UK by other means, say the student visa or work permit, could she apply for and hold a spouse visa whilst in the UK at the same time? If she could, would it make any difference to the success rate?
9. If she gets pregnant whilst in the UK as a student or employee, would they extend her student visa or work permit and allow her to give birth in the UK? And if she is applying for a spouse visa at the same time, would they take her pregnancy into consideration and make any difference?
10. Any advice on the two routes mentioned above? Anything that we should look out for?

Again, your help will be greatly appreciated!

vinny
Moderator
Posts: 33283
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Dec 23, 2010 6:53 am

She may apply for a spouse visa, subject to the maintenance and accommodation and English Language test requirements, etc.

She should enter the UK within 3 months and 28 days from the spouse visa's effective date.

She may work.

Click on above links for more information.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Thu Dec 23, 2010 9:51 am

Spousal visa is by far the easiest visa to get in your circumstances as you have many advantages other types of visas do not have but you may have to arrrive in UK prior to your wife in order to fill requirements

chadwickkcc
Newly Registered
Posts: 9
Joined: Mon Mar 22, 2010 7:50 am

Thank you

Post by chadwickkcc » Fri Dec 24, 2010 2:15 am

Thank you so much for your advice!

A follow-up question: What exactly do I need to fulfill/provide whilst in the UK prior to her application? Is securing a job before we make the spouse visa application one of them?

Merry Christmas to you all!

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Re: Thank you

Post by mochyn » Fri Dec 24, 2010 1:07 pm

chadwickkcc wrote:Thank you so much for your advice!

A follow-up question: What exactly do I need to fulfill/provide whilst in the UK prior to her application? Is securing a job before we make the spouse visa application one of them?

Merry Christmas to you all!
Click on the link Vinny gave you and there is your answer

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