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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I plan to marry an non EU citizen and I might have to move

Resolved Question:

Hi there,
I plan to marry an non EU citizen and I am British. I might have to move to Geneva for work where we will both live. Will the non EU citizen receive a British passport after we get married? If not will she have the right to work in UK and EU?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your patience.

They will not receive a UK passport just because they have married you.

To receive one, they would first have to apply for and obtain a spouse visa to live and work in the UK with you. The webpage on this is here:

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

Only once she has received the spouse visa would she be able to work in the UK.

She would then have to live in the UK with you for 5 years, extending the visa once and then apply for indefinite leave to remain. Indefinite leave to mean is the right to stay in the UK without applying for any more visas and independently of their marriage to you.

Once she has obtained indefinite leave to remain, she could apply to naturalise as a UK citizen by applying for naturalisation provided she still meets the requirements:

https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen

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. If you are satisfied then please leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
OK, that clears this up. Would the spouse Visa allow her the same rights in the EU ie allowed to work? as if she had a British passport. If not, I work a lot of banking contracts could I work abroad and just leave her at my house so she can qualify for the five years?
Expert:  Thomas replied 1 year ago.

Hi,

No. She would be not be regarded as an EU citizen for the purpose of entering other countries.

Whether she would need a visa to enter those countries would depend on the particular country's visa and immigration rules.

If you were to work periodically outside of the UK then it would be okay for her to stay in the UK but you will have ot demonstrate that you remain in a loving relationship together.

Please remember to leave positive feedback.

Tom

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