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Best Visa Type Where Partner is Out of the Country

Hi, I am a British born national and my husband a Ghanaian born national. I met my husband 2 years ago in [Data Withheld] where he was and still is studying on a student residence permit (he's been studying there in a full scholarship for 8 years and now has a PHD in structural engineering). Due to his studies taking much of his time, he did not work out there and has not got any savings. I also, do not have savings but I am in employment that exceeds the £18,600 criteria. I worked for 5 months [Data Withheld] before I joined my husband in [Data Withheld] as I couldn't take being away from him for such a long period of time and was there for 3 months. I have since come back to the UK and gone back to my old place of employment my questions are;

1) Do I need to start the whole 6 months of pays slips and bank statements again or can I use my previous ones and give details of my time away when applying for visa for him to come to the UK?

2) What visa type should we apply for and what are usually the process times for such visas?

3) As my husband is a Ghanaian National does he have to apply from Ghana or could he do this from China?

4) Is there an alternative route as the separation is so hard on me? Please help me!!!

Our Response

I write further to your immigration enquiry.

In light of the fact that you are a British national, your husband will need to the meet the Financial Requirements as set out in Appendix FM of the Immigration Rules.

I understand that you were previously in employment from September 2015 to February 2016 and where you did earn more than £18,600. However, because that income was not earned within the last 12 months, you are not permitted to rely on that income for the purpose of your husband's application.

Consequently, you will need to rely on income from employment in a position you have held for at least 6 months as you pointed out in your email. However, I can assist you in regards to preparing your application so that once you have reached 6 months employment and therefore been issued with 6 months' worth of payslips, I can submit your husband's application immediately thereafter.

In regards to the submission of your husband's application, he will be applying for entry clearance as the spouse of a British national. The publishing processing times is up to 3 months. However, you can purchase the 'Priority service' which reduces the processing time to up to 15 working days instead. However, please note that this is subject to the Visa Application Centre's published processing times and is therefore subject to change.

So long as your husband has the right in his country of residence for over 6 months (and not as a visitor) he will be permitted to submit the application in his country of residence. Please note that this requirement does not mean that he has over 6 months on his 'visa' left in China but rather the visa he was given was for over 6 months.

In regards to whether or not your husband is entitled to apply on a separate route to come to the United Kingdom, this will depend in his reasons for wanting to come to the United Kingdom. I would be happy to arrange a free 20 minute consultation to discuss and advise you further.

If you have any questions or enquires please contact our immigration solicitors at info@reissedwards.com or call 02037442797.

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