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Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I needed to know that if a British national i.e. British

Resolved Question:

Hi, I needed to know that if a British national i.e. British passport holder is working / based outside UK and gets married. Will his wife get British spouse visa if they apply from their country of residence e.g. Hong Kong ?
Thanks
Ali
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Are they intending to move to the UK for good?

can the husband meet the income requirements - £18,600 a year, and can the wife pass the English Test?

Customer: replied 1 year ago.
They are not sure yet. Husband works with KPMG as Senior Manager i.e. Salary is at least more than £50k. Husband was working at Canary wharf till 2014 and moved to Hong Kong offices of KPMG, but still visits UK to attend meetings at Canary Wharf offices twice a year. The couple might move to UK if Husband is transferred back from Hong Kong but they wish to visit UK together whenever Husband has a meeting or to meet relatives in the UK.
Visit visa is not a problem but they wish to go for Spouse visa, to save time and when they settle in UK they don't have to start from scratch to complete the process of qualifying for the wife's nationality / British passport.
Customer: replied 1 year ago.
Wife has done M Phil i.e. double masters degree holder and intends to join Finance industry.
Customer: replied 1 year ago.
P.s. Please keep this discussion private i.e kindly do not leave this correspondence on the website.
Customer: replied 1 year ago.
May I request for a response please ? It has been over 2 hours !
Customer: replied 1 year ago.
I am very disappointed with this service !!
Expert:  Clare replied 1 year ago.

My apologies - we are all working lawyers and I had a meeting all afternoon and into the early evening

Part of the requirement for a Spouse visa is that

"you intend to continue living with your family member or partner in the UK after you apply"

Given that there is currently no such intention then it will not be posisble to apply for a Spouse Visa in the circumstances you describe.

However if they were setting up a second home in the UK and the wife was intending to spend the majority of her time here then this would suffice

Please ask if you need further details

Customer: replied 1 year ago.
Thanks. I appreciate that. One more point if you don't mind. How long it takes to process the application & fee ?
Expert:  Clare replied 1 year ago.

All the details are here

https://www.gov.uk/join-family-in-uk

the fee is currently £1,195 and the average response time is 12 weeks

Clare and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Great. The information has really helpful. Apologies for being impatient earlier. It was not clear to me that how this website is run. Thank you very much for your time & advice.
Expert:  Clare replied 1 year ago.

You are most welcome - I hope all goes well