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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am British from birth and my two sons, also born in UK hold

Resolved Question:

I am British from birth and my two sons, also born in UK hold British nationality. I have been married for nearly 24 years and are resident overseas. How can my husband, who is fluent in English get British nationality? I also own a house in the UK.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi,

 

Is he to live in the UK at any point in the near future?

Tom

Customer: replied 5 years ago.
No plans to live in the UK at this time. Sources of income are overseas. He is over UK retirement age but, because he is self-sufficient, does not want to draw any UK funds in the future including pensions. Anyway, since he has never paid into the scheme would probably not be entitiled to do so.
Expert:  Thomas replied 5 years ago.

Hi,

 

What nationality were his mother and father?


Does he have any British lineage?


Why does he wish to receive UK citizenship?

Tom

Customer: replied 5 years ago.

1. M. Iraqi, F. Bahraini

 

2. No

 

3. So that in future, if he retires, we can live in the UK. He is the only member of our family who is not British.

Expert:  Thomas replied 5 years ago.

Hi,

 

He would not be eligible for naturalisation as a UK citizen at the present time because he does not meet the criteria.

 

However, under Immigration Rule 281(b)(i) & Rule 282 (b) he can obtained indefinite leave to remain if you have been married for a period of 4 years. This means that he can apply for indefinite leave to remain when you are to relocate and retire to the UK immediately. He does not need to apply for a spouses visa and remain in the UK in order to get ILR. He can get this immediately under the above rules.

 

Three months before you are to travel you should instruct an immigration solicitor in the UK to prepare his application under the above rules for ILR. This will take the form of a stamp in his passport and means he shall be entitled to remain in the UK for as long as he likes. Prior to the application he may have to pass a very basic English language course and you should check closer to the time.

 

If he still wishes to become naturlalised as a UK citizen after having ILR then he will have to meet the following criteria:-

  • aged 18 or over; and
  • are of sound mind; and
  • can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
  • has sufficient knowledge of life in the United Kingdom; and
  • are of good character; and
  • are the husband, wife or civil partner of a British citizen;
  • your husband, wife or civil partner is in Crown or designated service outside the United Kingdom
  •  

    He will also have to meet the following residential criteria at the date of his application for naturliasation:-

    • have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
    • have been present in the United Kingdom three years before the date of your application; and
    • have not spent more than 270 days outside the United Kingdom during the three-year period; and
    • have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
    • have not been in breach of the immigration rules at any stage during the three-year period.

    You can see then that he will require 3 years residence in the UK after he has come here to settle.

     

    If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

    Kind regards,


    Tom

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