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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11690
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am British, my wife is Nigerian, our daughter is British.

Resolved Question:

I am British, my wife is Nigerian, our daughter is British. I retired in Nigeria and was then offerred a job in Papua New Guinea. My wife wants to apply for a settlement via so we can live in England when I finally finish. I dont want to give up the job if she's not going to get a settlement visa. British HC in Abuja won't accept the application while I'm not in UK. How should we proceed?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.

INC : Have you already attempted to submit an application?
INC : How long have you been married?
INC and other UK Immigration Law Specialists are ready to help you
Expert:  INC replied 4 years ago.
How long have you been married?

Have you already submitted an application, if so what type of application?

Many thanks,
Customer: replied 4 years ago.

I believe I said in my original submission that the application had not been accepted by the British High Commission

 

We have been married for 15 years

Expert:  INC replied 4 years ago.
What application did you make?
Customer: replied 4 years ago.
I repeat, no application yet. My wife went to present her application for a settlementvisa and was advised it would be unsuccessful because I was not in UK
Expert:  INC replied 4 years ago.
Hi,

Ok. I think you have been wrongly advised.

If you are a UK national and you have been married for more than 4 years, your wife would be eligible to apply for indefinite leave to enter.

She would be entitled to submit an application using form VAF4A.

I hope this answers your question. If so, kindly click ACCEPT.

If you wish to discuss, please feel free to ask further questions.

Kind regards,
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

My real question is about where I am living. Do I have to be in UK for her to apply?

You have not touched on this point

Expert:  INC replied 4 years ago.
Hi,

Not at all. You can apply in Nigeria or any other country that you are resident.

It is absurd for the UKBA to inform you that you have to apply in the UK as your wife will first require entry clearance before travelling to the UK.

Applications of this nature are regularly made by the foreign partners of ex-pats returning to the UK.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
Customer: replied 4 years ago.

I am sorry to insist but we seem to be at cross purposes here.

My wife is in Nigeria and will apply there

I am working in Papua New Guinea

UKBA says I have to be in UK for her to apply in Nigeria

I obviously dont want to give up the job just in case she doesn't get the visa

Expert:  INC replied 4 years ago.
Hi,

Now I understand. However, that still does not change my response. Your wife can still apply whilst she is in Nigeria and you are in Papua New Guinea.

The problem that you will have is providing your passport, but this can easily be explained by stating that you require it for work purposes.

Provided you have been married for more than 4 years and have lived together outside of the UK, she will be eligible to apply.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,

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