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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13318
Experience:  Solicitor
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I am a British Citizen working in Barbados, my wife is Armenian,

Resolved Question:

I am a British Citizen working in Barbados, my wife is Armenian, we have 3 kids all British at School in the UK. My wife wishes to stay in the UK to look after them and apply for British citizenship. What type of visa is best to apply for. She is currentyly on a 2 year visit visa.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
Thank you for your question. How old are the children? Are you planning to remain in Barbados? How long have you been married?
Customer: replied 3 years ago.
The Children are 8 , 12 and 13 at Boarding School. I will be in Barbados for another year but travel to UK regularly. We have been married for 14 years.
Expert:  Senior Partner replied 3 years ago.
Unfortunately this is not straight forward. you wife could apply to come with your 8 year old as a "special visitor" but then she could only remain until the 8 year old reaches 12 .

She is entitled to apply as a spouse to come here and as you have been married for more than 4 years she would have the right to immediate settlement on arrival . the issue is that to apply as a spouse she is supposed to be coming to live with you and one of the requirements is that you will live together after she comes to the UK.

So you your option are really for her to come as visitor - if she can come as s special visitor for more than 6 months then she can subsequently switch to a spouse visa or to apply to come as a spouse initially. If you have a permanent home here and accompany her when she comes her initially it is probably ok but if you do not plan to set up a permeant family home here she is not really entailed to come other than as a visitor.

She will need to pass a language test also to get a spouse visa.

You can find the details of where ego apply on the UKBA web site she will need to apply in Barbados
Customer: replied 3 years ago.
We do have a permanent home in the UK so it sounds like a special visitor visa would be the way to go ?
Expert:  Senior Partner replied 3 years ago.
yes probably, the only disadvantage is thou wife must have settlement i.e. unlimited leave to remain for at least 12 months in order to apply for a uk passport but if you are not coming to live here then the sensible thing would be to apply for as a special visitor until you do . The detail is here:
Customer: replied 3 years ago.
Ok thanks - to summarise - It is best that she applies for a special visitor visa for a person who has a child at school in the uk. This would give her 12 months 'residency', she could then extend this for a further 12 months or apply for settlement when I return home. Am I right ?
Expert:  Senior Partner replied 3 years ago.
yes that is correct.
Senior Partner, Solicitor
Satisfied Customers: 13318
Experience: Solicitor
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