We use cookies on this site to ensure the most desirable user experience. By continuing to browse this website you are giving implied consent. Find out more.

Obtaining a UK Spouse Visa With a Child From the First Marriage

Contents | Show more +

From early on, I realised that life in Uzbekistan, my home country, was not for me. My ambition went far beyond being a housewife; I wanted to build a career, travel, and be independent. That is why, once I got divorced, I took my son and left for the US. I got a job at a hospital and met Daniel. We moved in together, but when he decided to return to the UK, there arose an issue of getting a UK visa for my son from the first marriage and me.

Nargiz, a 31-year-old
Nurse from Uzbekistan
Clients’ names and photos have been changed

Nargiz is from Uzbekistan. Her upbringing was traditional, but unlike her friends, she had always been progressive about the role of women in family and society. She got married and had a son when she was still very young. However, she could not stand being deprived of any rights in her own family. Not without a scandal, she got divorced and relocated to the USA with her son where she planned to stay for good. 

It was very hard at first. Nargiz was employed at a hospital and had to do all the dirty work. She took care of bedridden patients and cleaned the floor. It was physically demanding, but she liked her job. She enjoyed helping people, and patients loved her for her kindness, patience and care.

Later, Nargiz enrolled in a college to become a nurse. There, she met Daniel. He was a professional surgeon who came to the USA from Birmingham. They were just colleagues at first, but as their relationship evolved, they moved in together.

They lived in the USA for five years. When Daniel’s contract with an American clinic expired, he decided not to extend it and return to the United Kingdom. Nargiz agreed to relocate with him.

She was going to apply for a UK Spouse visa and did not see any problems with that. However, Nargiz had a thirteen-year-old son who was to relocate with her. She did not know what documents he needed and contacted Imperial & Legal. 

Our client

Nargiz is a 31-year-old from Uzbekistan. She lives in the USA where she works as a nurse. Her plan is to relocate to the UK.

Daniel is a 37-year-old from the UK. He is a surgeon and Nargiz’s partner. He lives in the USA and plans to return to the UK.

Ahmad is a 6-year-old from Uzbekistan. He is Nargiz’s son and lives with his mother.

Goal

Obtain long-term UK visas for Nargiz and her son.

Solution

Imperial & Legal advisors started by asking Nargiz is she could prove that her relationship with Daniel was genuine. They were not married, and that made Nargiz worried. Our advisors assured her that even unmarried partners can get a UK family visa if they live together, share costs and are not going to separate.

Imperial & Legal advisors suggested that Nargiz and Daniel should collect evidence that they were genuine partners. It was easier to do that when they were still in the USA. They made copies of their tenancy agreement signed by both of them, bank letters sent to their address, insurance policies and other documents. 

They also needed to prove that they could support themselves without applying for public funds. To get a UK family visa, minimum annual income of a couple must be at least 18,600 pounds sterling. A child dependent adds £3,800 to the sum. Fortunately, Daniel got a job offer from a UK private clinic where his salary even exceeded the required minimum. He just needed to request an official offer and submit it together with the application. 

Ahmad’s case was more complicated. The Home Office always wants to know why a child requires relocation to the UK. Nargiz had to prove that Ahmad’s father did not take part in his upbringing and did not take care of him. She had to collect evidence that her son had always lived with her and she had provided for him – food, clothes, school fees, etc.

It would have been ideal if Ahmad’s father himself provided a statement confirming that he did not want to support his son. But it was not easy to get an official statement from him. Nargiz had not seen Ahmad’s father for years, he had never shown any interest in his son and would hardly do anything for him. Though Nargiz did not want to contact her ex-husband, she understood that it was necessary. Her uncle intervened and persuaded Ahmad’s father to help his son. Our advisors drafted a statement that the father had to sign and post. 

Thanks to Imperial & Legal efficient work, Nargiz and Ahmad obtained long-term UK visas in a few months. 

Conclusion

If you have children from the first marriage, you can still get a UK family visa. The Home Office values family relationships and protects children’s rights. However, you still need to make an application carefully and collect all the necessary documents. It is better to contact experienced immigration advisors to do everything right and avoid refusals.

Tired of getting general advice?

We will work with you to find a customised solution for your immigration, second citizenship, business, tax and other needs.

Whatsapp