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Ask Clare Your Own Question
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Background brief: I'm an indigenous Brit; married (in China)

Customer Question

Background brief: I'm an indigenous Brit; married (in China) to a Chinese girl - 7 good years already.. I'm now resident back in UK. My wife currently has an ongoing 10-year Family visa (as she is now related to my 3 brothers and my 3 kids) so usually
makes a yearly visit to UK. My understanding of current UK legislation is that my wife must be 5 years in the UK (with allowance for regular visits to family in China). However, she also has a business in China (teaching oral English to local Chinese students
(- and one she wanted to do in UK also but was refused the appropriate visa) and would like to make more frequent visits / longer stay in China (for the foreseeable imminent future). Question: With the influx of refugees (legitimate or otherwise) and the apparent
(according to press readings) frantic issuing of British passports to many; Can my wife legitimately obtain a British passport? Or some other British document that will allow frequent travel in and out of UK without the need of regular visa application? Incidentally,
it took me around 5 years before I could get her a 10-years visa because (as stated by the Shanghai Consulate) it was not policy to issue 10-year visa to a Chinese national - a statement I was able to finally put to bed with an enquiry direct to the FO
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.Why has she not applied for a Spouse Visa which would allow her to work in the UK?(and do not believe all you read in the press)
Customer: replied 1 year ago.
Quick response
From memory, I cannot recall seeing an option for a Spouse visa.
I will now check that out.
No. I don't believe all |I read in the press, but you know what they say about "no smoke without fire"
Expert:  Clare replied 1 year ago.
The details are here assuming that you can between you manage the financial requirements and your wife the language one then it is the best way forward - although there is still a five year wait until she can apply for a British PassportI hope that this is of assistance - please ask if you need further details
Clare and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
My wife & I have been together since 2003 with the last 5 years+ married
And she only talks to me in English! So I still cannot speak Chinese.
It looks like the Governments' intense concentration on its immigration problems, it has completely overshadowed bona fida cases.
Thank you again for your help
Customer: replied 1 year ago.
My wife's latest "C-Family Visit" visa was issued in Shanghai 19/May/2015, valid to 19/May/2024 with "no work or recourse to public funds".
She says she submitted to full biometric requirements -> digital photo, fingerprints, signature.
Should she have been provided with a Biometric Residence Permit?
Even though it's a provision for working in the UK, but her visa states otherwise, I believe it greatly assists when passing through UK immigration.
Thank you
Expert:  Clare replied 1 year ago.
Biometric evidence is a mandatory requirement these days and when she does get a Visa that allows her to work then her permit will be issued
Customer: replied 1 year ago.
So BRP is applied for all visa applications, but only applies if the visa allows for working in the UK. Correct?
Customer: replied 1 year ago.
Correction: So BRP is applied for all visa applications, but only issued if the visa allows for working in the UK. Correct?
Expert:  Clare replied 1 year ago.
That is correct
Customer: replied 1 year ago.
Hi Clare,
Thank you very much for your help
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well