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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7475
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello. My mum is a british citizen and is trying to apply for

Resolved Question:

hello. My mum is a british citizen and is trying to apply for my dad. He is currently here till january next year on a visiting visa. Can he apply for right of abode while he's here in the UK? And if so, what form will he need to fill out? Thanks.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.

Hi,

 

What nationality is your father?

 

How long have they been married?

 

Where have they been living in the recent past?

 

 

Tom

Customer: replied 6 years ago.
Hi

my dad is Nigerian and my parents got married in the uk in 1978. My mum got her indefinite leave to remain in 2004 and citizenship in 2009. I was born here in 1978 and came back with my mum in 1995. My dad has been visiting since but is retired now and would like to settle here permanently, since his whole family is settled here. Thanks.
Expert:  Thomas replied 6 years ago.

Hi,

 

This is a bit unusual, I note your mother and father married in the UK in 1978 and you state he has been visiting the UK ever since - does this mean that he has been resident in Nigerian ever since 1978 and has simply visited your mother during their marriage over all those years?


Tom

Customer: replied 6 years ago.
They got married in the uk as they were studing here at the time, returned to Nigeria in 1982. My mum came back to the uk to work as a nurse in 1995. My dad has been back and forth visiting us here in the uk once or twice a year since that time.

Expert:  Thomas replied 6 years ago.

Right. He will have to return home in order to apply to reside here permanently. The are very strict on visitor's not making applications to stay her whilst they are visiting because the UKBA will view the original visitor's visa application as dishonest because one of the criteria of a visitor's visa is that you intend to return home before the expiry of the visa.

 

In that case he will need to apply for a spouses visa so that he can come and settle here. They will have to show:-

  • 1. That they are legally married to each other (marriage certificate)
  • 2. They have met before (statements, correspondence)
  • 3. Your mother is present and settled in the UK (eg. Passport, proof of accommodation)
  • 4. They intend to live permanently together here in the UK as husband and wife (statements, evidence of her accommodation, correspondence)
  • 5. They can support each other withoutthe need for public funds (bank statements, evidence of income)
  • 6. They have suitable accommodation which is owned or lived in only by them and where they and any dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • 7. That neither of them are younger than 21 years of age. (birth certificates, passports)

He will need to apply for settlement (ie. spouses visa) by using form Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with them before your father submits it to the British Embassy in Nigeria.

 

They can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If he makes his application after the end of November then he will also have to pass an English language test showing that he has basic spoken and listening English skills.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

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