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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i am engaged to a south african lady. we own a company that

Resolved Question:

i am engaged to a south african lady. we own a company that works out of South Africa and UK ... we are to be married in december of this year after being together for four wonderful years ... is it possible for my future wife to become a british citizen (well cornish actually because i am a celt!)
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Thanks for your question. To enable me to answer your question could you please respond to the following using the same numbering:-1. Where will you both live once you are married?Kind regards.Tom
Customer: replied 2 years ago.
ideally we'd like to spend six months in our home in South Africa and six months here ... at the moment we have done more time in SA than here under corporate visa's ... so i'd say four months UK and the rest SA. a bit vague i know but we're an international company so we go where its needed really. (between you and me i'd like to make her resident here in UK ... if she wants it ... she's proud of her homeland though)
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your question.

 

In order to obtain a UK passport she would first have to obtain a spouse visa then remain in the UK for two years. She would then have to apply for Indefinite Leave to remain then wait a further 12 months before applying for naturalisation as a UK citizen.

 

However, she can only apply for a Spouse Visa (ie. Settlement) if it is intended that you shall reside in the UK permanently. This means you must intend to spend more than 6 months a year here. Additionally in order to successfully apply for ILR she must not have spent more than 36 days outside the UK during the two year residence period before applying for ILR. Though there is a degree of flexibility in this your current plans for where you shall live would make her ineligibile.

 

If it is intended that you will spend 4 months of the year in the UK then I would think that the most appropriate form of visa application for her would be a 2 or 5 year multi-entry visitor's visa.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 2 years ago.
thats fantastic ... thank you! i just have one more little question before i press the button (and you may have your fee with my thanks!) ... can we marry in the UK even though my fiancee is not resident and doesnt intend to be just yet?
Expert:  Thomas replied 2 years ago.
Hi, Yes, but if you didn't not intend to settle then she would have to apply for a Marriage Visitor's Visa:-http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/Trust this clarifies, please click accept. Kind regards,Tom
Thomas, Solicitor
Satisfied Customers: 6288
Experience: BA (Hons), PgDip, Practising Solicitor
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