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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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I am British,born Plymouth 1931, intending marriage in 2015

Customer Question

I am British,born Plymouth 1931, intending marriage in 2015 to a Caucasian Australian aged 75. She is is now resident in Australia but was married to a British citizen, RN officer, from 1963 to 1977 and during that time was a UK resident. She is has a daughter married to an Englishman and resident in UK with British national granddaughter. My fiancée has been a frequent visitor to UK under a visitors visa. She is now and would continue to be financially independent. No convictions.
Would she be eligible for a returning residents visa? What visa requirements apply ? On marriage to me what would be her nationality status? What steps are necessary for her to obtain UK nationality ?
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.
1. She would not be eligible for a returning residence visa, she would only be able to apply for a returning residency visa if she had indefinite leave to remain in the UK and was outside of the UK for more than two years but had close bonds to the UK. It seems that apart from her daughter she does not have strong connections. In addition she has not been residing in the UK for over 30 years so any application made would be refused.
2. Upon your marriage to her, her nationality would not change no her visa status, she would need to apply for a spouse to come to the UK as your wife, this visa would not be automatically granted.
3. As mentioned above she would need to arrive to the UK on a spouse visa, her initial visa will be issued for 2.5 years, after which she would need to apply for a further extension for another 2.5 years. After 5 years she will need to apply for indefinite leave to remain, once she have been issued with indefinite leave to remain for 1 year she can then apply for British Citizenship.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question, if so kindly rate my answer so I can get credited for my time.
Kind regards