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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13239
Experience:  Solicitor
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1.I MARRIED TO MY WIFE SINCE 1987 SHE IS FROM SCOTLAND OKNEY

Customer Question

1.I MARRIED TO MY WIFE SINCE 1987 SHE IS FROM SCOTLAND OKNEY ISLAND
2. I HAVE 2 KIDS BOTH MD(MEDICAL DOCTORS)
2. I AM A MEDICAL RESEARCHER IN LASER , LIVED IN UK FOR 5 YEARS CONTINUISLY FROM 1972 TO 1978,AFTER THAT,VISITING EVERY YEAR ,
3.ALL MY FAMILY BRITISH CITIZEN, I DID NOT APPLY FOR CITIZENSHIP TILL NOW,
4. I AM A SAUDI CITIZEN, WORKING IN SAUDI ARABIA
5. CAN I APPLY AND GET MY BRITISH CITICENSHIP NOW WITHOUT LEAVING MY WORK IN SAUDI ARABIA
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
I am afraid you have no right to apply for UK citizenship unless you are here. I assume your parents were not UK citizens. As the husband of a UK citizen you can apply to join her here and after 2 years get unlimited leave to remain and after a further year get UK citizenship . But as I say you have no right to apply unless you are resident here. Sorry.

Also there is considerable review going on of the rules so this position may change in the next couple of years.
Customer: replied 3 years ago.
this answer after long wait is not satisfy me,
Expert:  Senior Partner replied 3 years ago.
Well I am not responsible for the delay. I answered your question as soon as I saw it and the fact is you may not like the answer but it is non the less correct. You have no basis to claim a UK passport unless you are resident here.
Customer: replied 3 years ago.

 

There is no logic to this answer, resident for 3 years in uk without job? i.e. add more to the unemployed? no benefit to Government or anybody! may be you say resident in uk and work abroad?? Is this ok or not

Expert:  Senior Partner replied 3 years ago.
There are a number of additional requirements but your question was whether you could apply now without leaving your work in Saudi Arabia. I have answered that question. I shall opt out since you cannot apparently even pose your questions with any courtesy.
Customer: replied 3 years ago.

i am very sorry, if i make you angry, did not meant that at all on the oppisite, i appreciate your answer, put since no guidance in it, i guess this make my answer to you..please accept my apologues..... and if you could please guide me, since my family want that strongly... thank you

Expert:  Senior Partner replied 3 years ago.
As I said to obtain citizenship you have to be resident here. If your wife returns to live here or you return together then you can apply for a visa as her spouse. you will need to show that you have somewhere to live
and can support yourself without recourse to public funds. If this visa is granted you will in the first instance be given 27 month leave to remain in the UK . You will be free to tale employment. After 2 years provided the marriage is still continuing you can apply for unlimited leave to remain. If that is granted then after a year being free of immigration restrictions then you can apply to be naturalised as a UK citizen.

You will need to satisfy the conditions at the time which include being resident here ( apart from holidays) in the previous 3 years.

you ill find full details of the requirements and how to apply on the Border Agency Website which is quite comprehensive see here:http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/
Customer: replied 3 years ago.

 

Thank you, XXXXX XXXXX nice details, which my wife and me know about, the qestion which i ask and apperantly i did not put it in clear way, is for a person like me, married since 1987 lived continously in uk for 5 years, then after visiting every year, with all my childreen uk citizenship,and am a well known researcher internationally, do i have special case ? lawyer could take this case ?, or i have to start from the begining?.... this is the qestion i and my family require immediate answer to it, since i will come for holiday this month, and want to ask a lawyer to take my case.... sorry if i ask too much of your time, but really appreciate the answer to that, thank you in advance...

Expert:  Senior Partner replied 3 years ago.
No I am sorry the right to UK nationality is set out by statute including the residence requirement and you are not eligible. There is absolutely no basis under the current law for you to claim UK citizenship. Unless there is some connection with the UK that you have not mentioned such as a parent or grandparent or unless your wife is in UK crown service. Ultimately the Secretary of State has a discretion to grant naturalisation but your circumstances are not, based upon what you say, any different from those of many many other people living overseas and married to UK citizens. There is absolutely nothing to prevent you from coming to live in the UK and then acquiring UK citizenship but as you have not lived here for 20 years there is no apparently compelling reason why you should be granted citizenship. I do not think the UK is different from most other countries in that respect I am afraid.
Customer: replied 3 years ago.
Thank you, very much, please let me know ,where and how, for apply to leave to remain visa
Expert:  Senior Partner replied 3 years ago.
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