IMMIGRATION Corner - My husband wants us to join him

My husband is currently working in the United Kingdom and would like for the children and myself to join him. I know that there have been some changes in the United Kingdom immigration law and I would like to know if this is possible.

I would appreciate any help.

Thank you,

J.P.

Dear J.P.,

For the purposes of answering this question, I will assume that your spouse is in the United Kingdom legally.

It is possible for the partners and children of migrant workers and students to apply to go to the United Kingdom.

If someone is the partner or dependent child under 18 years of a migrant who is either presently in or going to the United Kingdom under most categories of the points-based system, then he or she can apply for a visa to join the migrant there. However, before the party applies, it must be recognised that there is different policy guidance for points-based system dependants.

If the situation is that the applicant is the partner and/or dependent child under 18 of a migrant who is in or going to the United Kingdom in a work category outside the points-based system, then the applicant can make an application for a visa to join the migrant there.

You should also be aware that, depending on the country where you live, then you should make your application using either the form VAF1 if you are the dependant of a points-based system migrant, or VAF2, if you are the dependant of a migrant under another work category.

As part of the application process, the applicant will need to provide his or her fingerprints and facial image, which is known as 'biometric information' at a visa application centre. If the applicant is successful, he or she will then be provided with a visa.

The United Kingdom authorities have stipulated that, when applying for a visa from certain countries, the applicant must apply using the online application system. If you are in Jamaica, then you must apply online.

Processing times

Also, the date of the application is considered to be the date when the application fee is paid to the British authorities, and this will be the date shown on the applicant's payment receipt. However, this will depend on how the applicant paid for his or her visa application. An example of this could be whether payment was made at a visa application centre or if it was done online.

With respect to the processing times, that will depend on whether or not the application was made outside of the United Kingdom and also the country from where the application originated.

I hope this assists you.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators and a chartered arbitrator. Email: lawbassie@yahoo.com.