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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Good morning i am british citizen live in UAE , married to

Customer Question

Good morning
i am british citizen live in UAE , married to moroccan woman for 8 years and we have a 5 years daughter and have british nationality too.
is she entitlled for indefinate leave to remain and how to get it?
we both live in UAE now and planning to visit my parents on christmas in london.
thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Are you only planning on visiting and not staying permanently?
Kind regards
Tom
Customer: replied 1 year ago.
yes, my work in UAE and Saudi Arabia, my wife applied twice for visit visa last few years and she is been told that she is entitle for more then just visit visa after be with me for 8 years and have a British daughter too.
Customer: replied 1 year ago.
each time we visit UK she get a 2 years visa, I know about the right to settle laws if I decided to go back permanently.
my question is, what her rights now? we have to apply again for 2 years visa or she can get better option?
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Obviously, your child can enter enter the UK with all the rights that you do as she is a UK citizen.
Your wife would only be able to stay permanently in the UK with you if she applied for a spouse visa and obtained this before she travelled. The eligibility requirements for a spouse visa are contained on the following page:
https://www.gov.uk/join-family-in-uk/overview
The best thing to do if you proposed that she stay permanently would be to check your eligibility under the rules and then speak with a UK based solicitor with a view to instructing them to prepare your wife's application.
You will note that there is a financial requirement which means that unless you have more than £62500 in cash savings you will have to demonstrate a sufficient level of income first from your job outside the UK and also that you will have a job in the UK above the salary threshold of £18600 per annum.
I hope this clarifies. Please remember to leave feedback.
Kind regards.
Tom
Customer: replied 1 year ago.
Dear *****.
i am well aware of all these rules. my question is, while i am OUTSIDE UK and we are visiting my parents at christmas , what you advise us to do?
1- i am not planning to go back to UK to settle soon
2- what kind of visa i can apply ( outside UK) at the time being.
3- what her rights after 8 years of marriage? she has to go back to UK and settle to get her leave to remain ?
4- can she obtain it while she is in UAE?
Expert:  Thomas replied 1 year ago.
Hi
If you are not going to settle in the UK then she has no option but to continue to apply for the visitors visas.
She can apply for a multi entry visitor visa period this would be granted over 1, 2,5 or 10 years and would allow her to enter and leave the United Kingdom as many times as she liked during the visa period.
Until she and you intend to return to the United Kingdom to settle permanently her rights are limited and she cannot apply for anything other then a visitor visa. She does not for example have a right to apply for indefinite leave to remain simply by virtue of being married to you for a significant period of time.
Kind regards.
Tom
Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions please do leave feedback.


Kind regards,


Tom

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