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Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I am a british citezen and hold a briish passport can my

Resolved Question:

I am a british citezen and hold a briish passport can my husband of 26 years have a british passport
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Can you provide more information please. Where are you and your husband living? Is it in Malta? Or in the UK? If you have been living in the UK how long have you been resident there? What passport does your husband hold? What time has your husband spent in the UK?

Customer: replied 10 months ago.
we live in malta at the moment my husband has done his masters at manchester university back in 1992 he has a maltese passport , back in 1992 we spent 17 months living in uk , my family is british ,
Expert:  Buachaill replied 10 months ago.

2. I regret to say your husband cannot apply for a British passport now. Since 2012, when the law was made more restrictive, your husband needs to spend five years continuous residence in the UK in order to qualify for a British passport. This is what is necessary in order that he qualify as the spouse of a British citizen. It is not possible to qualify for a British passport if he is living in Malta, purely on the basis of being married to a British citizen and being the father of British citizens. He must live in the UK for five years.

Expert:  Buachaill replied 10 months ago.

2. Additionally, he must apply for a Permanent Residence card during those five years he is in the UK and also have private health insurance so he is not dependent upon the NHS for his health care. These are two additional requirements for him.

Expert:  Buachaill replied 10 months ago.

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