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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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Madam,I am a UK passport holder and born British,

Resolved Question:

Dear Sir/Madam,
I am a UK passport holder and born British, as is my seven year old son. My wife of twelve years holds a Botswana passport. We currently live and work in Egypt and have done so since August 2012. Since then we have not paid a visit to the United Kingdom.
I understand that there was a change to immigration law in July 2012 which may be negatively impacting upon our current circumstances. Prior to leaving the United Kingdom in 2012, my wife was granted Indefinite Leave to Enter the UK as a Returning Resident. This was granted on 14/12/10 by the visa application centre in Pretoria.
We made an application, on behalf of my wife, for our proposed return to the United Kingdom which was concluded on 29/04/15. We applied for Indefinite Leave to Remain under the Settlement category. This was denied and in her passport it is stamped:
AD/1388109 (processed by the Abu Dhabi visa centre via the Cairo office).
I now understand that there is a 60 month qualifying period for a spouse of a UK citizen to be regranted Indefinite Leave to Remain ( with a view to her becoming British ).
Essentially, my central questions are:
1. Is she barred from making a further application for a visa to enter the UK (albeit a different visa category) for a period of time?
2. Is she likely to be refused entry to the United Kingdom as a visitor because of the adverse stamp in her passport?
3. I think, although I'm not sure, that the best visa to apply for is 'Family of a Settled Person', because I'm British. We would visit my wife's country of origin, Botswana, and make the application there. Then return to United Kingdom as a family. I would aim to have in my possession (1) an employment letter (I am a qualified teacher) (2) property lease agreement (3) bank statement showing sufficient funds and (4) visa stamp in my wife's passport. I understand that, if successful, the visa would then be extended after 30 months for a further 30 months, assuming no adverse change to our circumstances.
I would very much appreciate your helpful feedback and advice.
Kind regards,
John ***********
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Dear Nicola,Yes, I'd be very grateful if you could find an expert who could answer my question.Kind regards,John.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Many thanks,John.
Expert:  Buachaill replied 1 year ago.
1. Dear *****, two points at the outset are important. Firstly, you are correct in stating that the best visa for your wife to apply for is that of "family of a settled person". Secondly, any visa application made by her will not be prejudiced by the fact that her previous application to the Cairo office for Indefinite Leave to Remain was refused. Your wife is free to apply at any time for indefinite leave to remain should she qualify. Making more than one application does not disqualify.
Expert:  Buachaill replied 1 year ago.
2. However, the aim for your wife here should be to obtain British citizenship based on her marriage to you, a British citizen. She will qualify once she lives three years with you in the UK in the marriage with you. Then she can hold dual Botswana/British citizenship so there are no longer any visa problems.
Expert:  Buachaill replied 1 year ago.
3. So the answers to your central questions are (1) No, (2) No, (3) apply for a Family of a Settled person visa but with the aim of obtaining citizenship for your wife after three years.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience: Barrister 17 years experience
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