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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 402
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a UK citizen living in Chile South America for the past

Customer Question

Hello! I am a UK citizen living in Chile South America for the past 6 years with my Chilean fiancé . We plan to get married early next year. We have two small children that have both Chilean and British passports. I would like to return to the UK with my family within the next 6 months or so to live and work and to be close to my ageing parents.
My partner is in the process of applying for an Italin passport due to his heritage but it is very difficult to obtain a meeting to present his paper, we have been trying for over 7 months. So I am also looking for advice on what is the best way for us to return?
I am a National health key worker, speech and language therapist and have been offered work on the Bank at my old job, with the prospect of a permanent contract when it arises. I would earn around £30,000 plus a year and I own a flat in London. At present I am a stay at home mother, but my partner works and owns his own house here in Chile. Please could you offer us some advice and where to look for more information etc. I am also obviously concerned about Bretixt and the implications it may have.
I look forward to hearing from you
Yours sincerely *****
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Frantz I replied 9 months ago.

Hello

Thank you for your enquiry.

Your British partner would need to apply under UK domestic law and he must have a job offer in the UK with income of over £18,600 for you to be eligible to apply to join him. The rule for British citizens with EU nationality is not straightforward when making an application under EU law instead of UK domestic law.

Customer: replied 9 months ago.
Dear Frantz
Thank you for your reply, but I think you have mis understood my questions or I was not very clear.
I am British and at present am living in Chile South America where I have lived for 6 years with my Chilean fiancé. We have two children born in Chile but they have Chilean and British passports.
We want to come and live in England from Chile as a family and I am confused as to what visa my fiancé, soon to be husband, will need to be able to live and work in the UK.
He also has the possibility of obtaining an EU Italian passport due to his heritage and we started finding the paperwork etc over a year and a half ago, meanwhile Bretixt has come in and I am not sure if having a EU passport would be the best option.??
From what I understand from the gov.uk website is that I as the British citizen living abroad will have to prove that I have earned £18,500 a year equivalent here in Chile, that is a very high wage for Chile and I have been looking after my kids for the past few years whilst my husband works. And that I also will need to secure a job with the equivalent wage or above when returning to england?
Please could you help clarify our situation and best options.
Thank you
Customer: replied 9 months ago.
I had to rate you to continue, it seems, but I think you mis understood the question. I think I have sent another reply above. Please let me know.
Expert:  Frantz I replied 9 months ago.

The best option would be for your partner to obtain his Italian passport. Otherwise you as a British citizen would only be eligible to sponsor your partner to join you in the UK under UK domestic law.

Customer: replied 9 months ago.
Thanks. However I Am not living in the UK at present . I want to return back to the UK with my family. So therefore what do we need to do in order that he can come with us? Thank you. Also what is UK domestic law? Please
Expert:  Frantz I replied 9 months ago.

If you wish to rate before continuing I would be only happy to address any further questions. Thanks.

Frantz I and other Immigration Law Specialists are ready to help you
Expert:  Frantz I replied 9 months ago.

My reference to UK domestic law was in relation to your partner applying as a spouse or an unmarried partner. I understand you are currently not in the UK but the term to join was referring to whether your partner comes with you to the UK or comes after you are settled in the UK. In any event, the options you would have are either your partner obtains an Italian passport which he will be able to use to enter into the UK under EU law or you have an offer for work in the UK with the required income and he applies as an unmarried/married partner to join you in the UK or you both have saving of over £62,500.

Customer: replied 9 months ago.
Thank you!. Do you know if the savings can be joint savings and does a house count as savings?
Expert:  Frantz I replied 9 months ago.

Savings can be joint. A house does not count as savings. Please rate.

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