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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 767
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have two questions - I am a British citizen and have

Customer Question

Hello..I have two questions - I am a British citizen and have lived in Kuwait for the last 18 years. Met my wife in 2000 (Egyptian passport holder has visit visa) we have 2 sons both have British passports. Now how does the immigration process work for my wife if and when we wish to settle in the UK, given where we live if we need to leave in an emergency situation can the immigration procedures be completed in the UK.
Thank you David Arnold
Submitted: 2 years ago.
Category: Immigration Law
Expert:  frantzgregory replied 2 years ago.
Hello David
Thank you for your enquiry.
Under a non-emergency situation, a family-based application to return to the UK with a non-EEA family member will need to satisfy the Immigration Rules including the financial requirement under Appendix FM.
As a British citizen abroad you would be regarded as an overseas sponsor to an application for your wife. Where an overseas sponsor is returning to the UK with an applicant to work and live, the sponsor must be in current overseas employment at the date of application for at least 6 months. The overseas sponsor must have been paid throughout the 6 month’s period meeting or exceeding the specified income and must have a confirmed job offer of salaried or non-salaried employment in the UK. Any job offer must start within 3 months of the sponsor’s return.
The Home Office has discretionary powers to make decisions outside the Immigration Rules and may very well exercise its discretion during an emergency situation.
I hope this clarifies your questions.
Expert:  frantzgregory replied 2 years ago.
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