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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British citizen. My wife is a Malaysian. She would

Customer Question

Hi
I am a British citizen. My wife is a Malaysian. She would like to apply for Indefinite Leave to Remain (ILR) or Permanent Residence to settle in UK.
1. We are married for 31 years. We have 5 children who are all British citizen living in UK currently.
2. We satisfy the conditions required:
a) We have more than sterling pound 62,500.00 in the bank more than 6 months.
b) I am not on social benefit.
c) We have our own house in UK.
d) My wife has credit in English ('O' level, Senior Cambridge certificate). She is prepared to take English test if neccessary.
3. Where can my wife apply:
a) Can she apply in Malaysia via British Embassy? If so, what are the steps?
b) If she want to apply in UK, what are the requirement?
Thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Where is your wife at the moment? If in the UK, what is her immigration/visa status?
Kind regards,
Tom
Customer: replied 2 years ago.

Hi

Currently she is in Malaysia. She visits UK about 2 or 3 times a years. Each visit is about 3 weeks.

tq

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
You appear to meet the requirements for a spouse visa, which means that it’s a question of drafting the application itself and gathering together you supporting documentation. The evidential burden is quite high so I would strongly consider instructing a UK based solicitor in order to draft the application and advise you on the supporting evidence.
Your wife will have to apply from Malaysia. She cannot apply from the UK, because visit visas are granted on the condition that the visitor must leave the UK before the expiry of their visa which means that they cannot apply to switch to another category without leaving the UK. This is enforced very strictly.
Therefore, she must apply from Malaysia, initially she will have to apply online. She will then need to submit documentation and give her biometric details at the nearest visa application centre. This will most likely be the application centre in Kuala Lumpar:-
http://www.vfsglobal.co.uk/malaysia/applicationcentre.html
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Message noted with thanks.

I shall study the matter and decide next step later on

Expert:  Thomas replied 2 years ago.
Hi,
No problem
Tom
Customer: replied 2 years ago.

Hi

You meant she has to apply for a entry clearance visa first to visit UK, then apply for ILR in UK?

Expert:  Thomas replied 2 years ago.
Hi,
No. I mean that she has to apply for entry clearance (ie. a spouse visa) from Malaysia. Once she has this she can travel to the UK to live with you.
She will receive 27 months leave to remain. Just before the end of this leave to remain she will have to apply for further leave to remain, she will then get a further 24 months. Once she has been in the UK she can apply for ILR. She cannot get ILR before this unfortunately.
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Possible for you to recommend a UK immigration legal adviser who can do the necessary?

Thanks for the prompt reply.

Expert:  Thomas replied 2 years ago.
Hi,
I'm afraid that I cannot give recommendations under the conditions of use of this site I'm afraid.
Tom
Customer: replied 2 years ago.

No problem, I understand.

Tks again

Expert:  Thomas replied 2 years ago.
You're welcome.
Tom