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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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How does my wife get permanent residence

Customer Question

How does my wife get permanent residence
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
What nationality are you?
What nationality is your wife?
How long have you and your wife lived in the UK?
Are you working? Is your wife working?
Kind regards
Customer: replied 2 years ago.

UK Lawyer,I am Scottish ,my wife is Canadian. She has been living here with me since 2nd Dec. 2014 0n a Visitor Visa. Neither of us work as we arre both 75.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Unfortunately, it is very difficult for her to remain in the UK and apply for permanent residency, she would need to leave the UK and apply for a spouse visa from outside the UK. The home office does not allow individuals to switch from a visit visa to a spouse visa from within the UK.
Taking into account your age, you may try to submit an application from within the UK for her to switch to a spouse visa. You would however need to state the reasons why she is unable to return to Canada and submit an application from there.
You would need to show evidence of your income from your pension and any other sources. If your income is over £18,600.00 gross per year or have savings of £62,500 then you will need to use form FLR M:
https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm
If you do not have that income , then you can apply for discretionary leave to remain using form FLR FP:
https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flrfp
In both case you need to bear in mind that it is very unlikely that the home office will allow an application from inside the UK, especially to allow a visitor to switch to a settlement visa.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so please provide a rating so I can get credited for my time.
Kind regards

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