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Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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my client was granted uk citizenship due to his spouse who

Resolved Question:

my client was granted leave to entre from back home to the UK, and subsequently granted uk citizenship due to his spouse who is present and settled here in the uk. however, their marriage was brken down irretrievably and as a result, he married someone from outside of the uk and currently has a child from his second wife. he now wants his wife and his son to join him. In view of that under which immigration rule should he apply now. mind you he was not an asylym seeker at any point. he just arrived from back home to join his wife though the marriage was broken down irretrievably. as a result, he married from backhome and wants to apply for his wife and son to join him.

thanks

M O'MICHAEL
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Paul Richmond replied 6 years ago.

Your client's wife should apply for leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement under rule 281 of the Immigration Rules (the wife's son should apply as a dependent).

Rule 281 provides that the requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

__(b)(i) the applicant is married to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married at least 4 years ago, since which time they have been living together outside the United Kingdom; and

__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

I hope this answers your question. Please kindly click ACCEPT so that I may be rewarded for my time. Thank-you.

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