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Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Dear Solicitor. I have a question with regards to Permanent

Resolved Question:

Dear Solicitor. I have a question with regards ***** ***** Residency. My sister has a British passport as our mum was born in England. My sister came to the United Kingdom on the 21st of April. Before that she lived in Hungary. In Hungary she married to a Pakistani national, and they have a child since. Her husband already has a 5 years Residency Card in Hungary. They came to the UK together on the 21st of April. Her husband came on a 6 month entry VISA which he got in France. My question is, is there a way that her husband couldn get a permanent stay status in the United Kingdom? If they apply for a different visa or resident card, would that allow her husband to stay longer that his Visa states, until they receive a decision? What sort of Visa he should apply for? Thanks
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear *****, your sister's husband can get a visa as the spouse of your sister and come and live and work in the UK. However, your sister will have to show she has earnings in excess of GBP 18,600 per annum in order that her husband can some and join her permanently in the UK. This will get him a visa as spouse of a UK national. The decision on this visa normally takes six weeks.

Expert:  Buachaill replied 10 months ago.

2. Here is a link to the UK government website which sets out the parameters of the visa he would apply for. Under the heading of "apply" you will find an application form which he can fill out and make his visa application. The visa is for 2.5 years initially and he can get it extended for another 2.5 years at which time he can apply for settlement and Indefinite Leave to Remain. Citizenship can follow one year later.

Expert:  Buachaill replied 10 months ago.

3. Please Accept or Rate the Answer as unless you Rate the answer your Expert does not get paid for answering your question.

Customer: replied 10 months ago.
Many thanksfor your answer. So shall the husband go back to Hungary as soon as his entry Visa expires? My sister already has earning in excess of 18600, however she is only in the UK since 3 months. Would it make any difference if they apply with my sister's hungarian passport?
Expert:  Buachaill replied 10 months ago.

4. There is no need for her husband to go back to Hungary. If you look at the page i have indicated, it states it is people who wish to Remain in the UK. That means her husband can apply from within the UK. Secondly, the average of a year's earnings are taken. Your sister would normally need six months earnings to show. However, if she can show she has a good job and a contract she will be able to use her yearly earnings figure. Thirdly, I would not recommend using your sister's Hungarian passport. Essentially, the courts have held that when in Britain a British national must use their British status and nationality. Whilst there are fewer prerequisites for permanent residence of her husband if she were Hungarian, she is not allowed to use her Hungarian nationality when she has British nationality.

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Customer: replied 10 months ago.
Many thanks! Very professional answer. Kind Regards, Edward

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