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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, Im a British citizen by birth and have 3 children with

Customer Question

Hi,

I'm a British citizen by birth and have 3 children with my wife who are also British citizen. My wife has a non-EU passport. She had a settlement visa from 2004-2006 (entry clearance) and then an extension (limited leave to remain) from 2006-2008. We've been living abroad due to employment, for a foreign employer (non-govt.) for last ten years. Wife used a visit visa in 2010 to travel to UK and is in UK at present on a 2 year visit visa (2014-2016).

We now wish to settle in UK where my wider family (mum, siblings, etc) reside. Kids will start school in UK in September. What is the best/shortest way for my wife to be a British citizen?

Thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Your wife will need to leave the UK and apply for a spouse settlement visa. After living in the UK for 5 years, she will qualify for indefinite leave to remain after which she may apply for British Citizenship immediately.

This is the shortest way for her.

Hope this helps
Customer: replied 2 years ago.

Hi,


 


Thanks for your reply.


 


Can she not benefit from past settlement visas in any way to reduce the 5 year period?


 


If she must take the 5 year route, you state that she may apply for British citizenship immediately? Isn't she supposed to apply for ILR after the 5 year period and once granted ILR wait for ? period before being eligible to apply for British citizenship? Please clarify.


 


Thanks

Expert:  UKSolicitorJA replied 2 years ago.
No, she cannot benefit from her past settlement visas I am afraid.

No waiting period after ILR as she is married to a British Citizen, see S. 6(2) of the British Nationality Act 1981.
The 1 year waiting period applies to people who are not married to British Citizens.

All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for clarifying that. To apply for spouse visa, she'll need to fulfill the 'financial requirement' part which requires past 6 months bank statements etc. We will need to work towards that from now onwards and with kids at school, apply for the visa during summer 2015 school holidays.


 


If wife stays in UK until summer 2015 with the above in mind, then travel to her home country and apply for spouse settlement visa, would the long stay in UK (Sep 2014-July 2015) count against her bearing in mind that she's here on a visit visa (2014-216)? Or would the relevant authority understand that we did this (a) because of kids at school (b) fulfill financial requirements?


 


Thanks

Expert:  UKSolicitorJA replied 2 years ago.
Please leave feedback for the answers given and please open a new question with your additional queries.

Thank you
Customer: replied 2 years ago.

ok thanks.

Expert:  UKSolicitorJA replied 2 years ago.
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