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Immigration Warrior
Immigration Warrior, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 283
Experience:  Immigration Consultant/Supervisor at Chatham Chambers solicitors
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I hold an Australian passport with Indefinite Leave to

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I hold an Australian passport with Indefinite Leave to Remain in UK since February 2000. My husband is and holds, a British passport. We would like to spend extended periods of up to 6 months living in Spain. Am I bound to the Australian limit of 90 days in Spain or am I able to stay longer given my spouse is British and can stay for 6 months?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I live in UK. I am an Australian citizen with Indefinite Leave to Remain in UK No steps or paperwork undertaken so far, but I would like to apply for UK citizenship
JA: Have you talked to a lawyer about the green card?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no, thank you

Hi

Further to your question, unfortunately you can only stay for a maximum of 90 days even though you are a partner of a British National. I would recommend that you apply for a Residence card in Spain or alternately if you meet the requirements to naturalise as British. If you naturalise as British then you would be able to stay in Spain for a period of 6 months.

Kind Regards

Customer: replied 16 days ago.
ok thank you. Are you based in UK or USA?

Hi

I am based in the UK.

Kind Regards

Customer: replied 16 days ago.
ok, thanks. If a person overstays their stay in the schengen area - of whom is that of concern - the UK authorities or those in the schengen states? and what would be the consequences? thanks in advance

Hi

Further to your question, it will affect your Immigration history as you have become an over stayer. It will affect your ability to travel abroad to the European Union and the States. As you have Indefinite Leave to Remain in the UK it will not affect your ability to return to the UK.

I hope this answers your question and please do accept my answer.

Kind Regards

Customer: replied 15 days ago.
Thank you for your information so far. I am considering taking out British citizenship and at the moment I meet all the criteria apart from length of stays outside the UK in the last 12 months or the last Five years. Can this be overcome and how?

Hi

Please do accept my answer as you have raised another query separately. I will send you the guidance shortly.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/834209/naturalisation-as-a-british-citizen-by-discretion-v4.0-ext.pdf

Please refer to page 14 of the guidance.

Kind Regards

Immigration Warrior and 3 other Immigration Law Specialists are ready to help you
Customer: replied 15 days ago.
Firstly, sorry about raising a second query, it appeared my original one had not gone through to you, so I resent it to you. Apologies. Ok that looks like the kind of information we are looking for. We will take some time to read over it and get back if we have any questions. You have been fantastic so far and will definitely give you a five star review.
Customer: replied 15 days ago.
Hello again. We have read through the document you provided, would it be feasible to lodge an application based on 'accompanying my British citizen spouse on an appointment overseas' - as noted on Page 16 ? Further, it should be noted that neither I nor my husband own any property, nor own a foreign vehicle, or hold a bank account in Europe. Our main residence, financial and family commitments remain in the UK. I look forward to your reply. Thank you, Helen

Hi

Further to your question, I would advise you to wait and submit the application to when you have no more than 100 days of absences in the last 12 months otherwise there may be a chance they could refuse the application. You can then use your spouses appointment abroad as the reason for exceeding the absences.

Kind Regards

Customer: replied 10 days ago.
Ok that sounds an excellent piece of advice. You really have been most helpful. thank you so very, very much. Helen