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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British Citizen by birth and am doing my Phd from University

Resolved Question:

I am a British Citizen by birth and am doing my Phd from University of Malaya and this study will take me up to June 2017,i have got married to a Pakistani Citizen and have a child born in Pakistan and soon they will join me in Malaysia,i would like to apply for my wife to become a British Citizen and also get my son registered as a British Citizen,please advise the course of action. Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
Where and when were you born please?
When was your child born?
Kind regards,
Tom
Customer: replied 1 year ago.
I was married in Pakistan on April 2012 and my son was born in Pakistan in June 2013.
Expert:  Thomas replied 1 year ago.
Hi,
Thanks, ***** ***** and when were you born please?
I will be able to answer thereafter..
Tom
Customer: replied 1 year ago.
I was born in London in March 1988
Expert:  Thomas replied 1 year ago.
Thanks. Drafting your answer now. 5 mins please.
Tom
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you were born in the UK to UK parents at that time then you will be a UK citizen “otherwise than by descent”, which means that you can pass on your citizenship to such of your own children that are born outside the UK.
However, your child will obtain UK citizenship “by descent”. This means that they will have all the rights of other UK citizens except that they will not be able to pass on their own citizenship to such of their children born outside the UK.
The only way that your wife would be able to become a UK citizen would be if she were to move here with you on a spouse visa and remain in the UK on the spouse visa for 5 years. At the end of this 5 year period she would be able to apply for “indefinite leave to remain” which is the right to remain permanently in the UK without any further visas.
Once she has obtained indefinite leave to remain she can apply to naturalise as a UK citizen provided that she meets the critera on the following page:
https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen
The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• It’s complicated and how you meet it depends on whether you are in the UK or abroad as the UK spouse but minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that she meets the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english
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
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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