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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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Dear, My sister resides in spain, her husband has been

Customer Question

My sister resides in spain, her husband has been living there for 16 years and my sister herself has been there for 10 years. Both of them have 5 year spanish residence which they have to renew each time it expires. They are of algerian nationality. They have three kids who were all born in spain, two are 7 and one is 9. They would like to come and live in the uk, i would like to find out how they can look to settle in the uk, will it be easy for them to do this. Can you advise me on this matter
Thank you,
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Hi thanks for your question. I assume form what you say that they have no right to Spanish citizenship themselves. In that case they have no different right form any other Algerian citizen. They can com dot the uK if the can get permission to come and work here or to set up a business. They will need to get suitably sponsor work or have significant funds to invest in a business to do this. You can find all the detail on the government website but they have no special rights just because they have been living elsewhere in the EU> Their children can com here as EU nationals when they are older or even now to be educated but only if they can fund themselves.
Customer: replied 3 years ago.
They do have the right to Spanish citizenship but if they apply for it they will have to give up their algerian citizenship as the law does not allow them to have dual nationality with Algeria, does this change anything?
Also her husband does want to come over here and work so would it be a possibility for him to come to the UK and seek work?
You say their children can come over her now, their parents would need to be with them too due to their age no? Can the parents not be eligible for a right to stay in the uk because of this?
Expert:  Senior Partner replied 3 years ago.
If they take Spanish citizenship then they are free to come here and work freely as EU citizens. The can come and look for work.
Yes the parents could come to support the children if they came her to be educated but all of them would need to be self sufficient they could not work. They would also need private health insurance as they would not be eligible for NHS treatment. The children might not be eligible of free education initially as they are not currently ordinarily resident and will not be treated a s such as their parents would not be permitted to work unless one of them got an appropriate work visa.
The husband can of course seek a job here but he would need to find a job with a suitable sponsor. The employer needs ot issue a sponsorship certificate to employ a non EEA immigrant. If he is highly skilled that should not be problem You do not say what he does - obviously less skilled jobs are not so easy.
You can find all the details on the government website.
Normally you should be looking for a tier 2 visa.