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Buachaill, Barrister
Category: Law
Satisfied Customers: 10947
Experience:  Barrister 17 years experience
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I married my wife in Macau in 2009. Although born in Macau

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I married my wife in Macau in 2009. Although born in Macau my wife has a Portuguese passport and as such has been able to freely come and go to and from the UK. Now with the vote to leave the UK we do not know what my wife's rights regarding entry etc. might be. Does she get any rights to enter and live in the UK simply because she is married to me?
We were thinking of setting up a business together but now do not know whether this s advisable. My wife does not particularly want to become a UK citizen. What other options do we have?

1. The first thing you should be aware of, is that it is perfectly acceptable for you wife to hold both Portuguese and British citizenship, that is dual citizenship.

2. However, if your wife has set her face against ever becoming a British citizen, then she can apply for Indefinite Leave to Remain based on five years living in the UK. This will give her the right to live and work in the UK indefinitely. She should get herself a Permanent Residence card and, she should apply on the basis of being resident in the UK for five years. This gives her the right to acquire ILR. However, she will also need to show she has had private health insurance or else paid National Insurance contributions for these five years, as this is a condition of getting ILR.

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