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Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I am a British citizen and my wife is from outside of EU. She

Customer Question

I am a British citizen and my wife is from outside of EU. She is currently applying for UK settlement.
Before we were married she visited UK several times and didn't mention me on her visa application. I believe there is a special question in all UK visa applications "Do you have any friends or family in the UK?".
Can the fact that she didn't mention me on previous visa application be considered as a breach of law and lead to the refusal of her settlement. Also given the question asks for "friends or family", does common law considers a long-distance boyfriend to be a part of family?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. You are worrying unnecessarily. The issue around whether your wife knew you in the uK before you got married and failed to mention you in a visa application will not bear upon her application for settlement. As no false information was provided, there is nothing to worry about. A long distance boyfriend will not count as family. You may count as a friend but not every friend has to be mentioned in a visa application. When the UK Border Agency is considering applications for settlement, they look primarily at the issue of whether your wife was married to you for three years and whether you were resident in the UK during this period. Issues surrounding visas before you got married are a red herring. So long as you are married to her and have been married to her for three years living in the UK, settlement will be granted unless there has been some fraud. Here, there was no fraud. So you have nothing to worry about.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Thank you for your answer. I think there might be a confusion in terminology. We have been in a relationship for 3 years, but married only for 3 months. By settlement, I meant her first visa to come to the UK as my wife. I do not think there is a requirement to be married for 3 years for that visa.
Expert:  Buachaill replied 1 year ago.
3. You should be aware that "settlement" is a LEGAL term which applies when someone is given Indefinite Leave to Remain in the uk. Hence the confusion. Your wife is merely applying for a visa to come and live and work in the Uk. Not settlement. However, the same view applies. Once you are married the visa is granted on the basis of the marriage, not on what happened previously. So long as there was no active fraud, you do not need to worry. However, the other part of the advice is that your wife is able to apply for settlement and citizenship after three years of marriage, so long as you reside in the uk.