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Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 31662
Experience:  25 years hight street experience
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I am a British national and i have been married to my russian

Customer Question

I am a British national and i have been married to my russian national wife for over 12 years and we have 2 children 4 and 8 years old who are british passport holders. i have worked in the middle east for the past 15 years but for the children's education i am looking to send the family back to Britain in August this year for schooling. i was advised that after 2 years of my wife living with my children in UK full-time that she would be eligible for British Citizenship? However, the laws have changed from July 2012 and I would like to know what the current position is in regard to my wife's eligibility for British Citizenship?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  John Knox replied 3 years ago.

I will do my best to help you with this.

Does your wife have indefinite leave to remain (settlement) in the UK?
Customer: replied 3 years ago.
No she only has a 5 year multi entry visa and she had a 5 year visa previously.,
Expert:  Clare replied 3 years ago.
I am afraid that your wife will have to live here on a spouse visa for five years - you can find the details of the change here
Customer: replied 3 years ago.
Hi, I have been on the websites and hoped for a bit of specific legal clarity? I cannot seem to get the exact site ref that you have sent to see if it is clear? It already seemed clear to me that 5 years was the new rule and no immediate settlement either which you seem to confirm. However, the main issue here is can she reside in uk and start the process with my two children whilst I am resident in the middle east and only visiting on holidays? If so then she now has to wait 5 years instead of 2 and apply for the right to stay for 33 months and 30 months BUT can it be done whilst I am non resident?
Expert:  John Knox replied 3 years ago.
It can be done whilst you are too-ing and fro-ing but you need to be able to demonstrate that you intend to live together as husband and wife on a permanent long term basis. If you are away for the next 5 years, that is one thing, but you will need to be residing more permanently in the UK at some not too distant point in the future for settlement and thereafter citizenship to be obtained.

Best wishes
Expert:  Clare replied 3 years ago.
If you cut and paste the link into your browser it will take you where you need to go.
Provided your wife comes to the UK on a Spouse Visa and she remains in the UK then the five years will run even though you personally are working abroad.
You will however be expected to class the matrimonial home as "home" however.
Clare, Solicitor
Satisfied Customers: 31662
Experience: 25 years hight street experience
Clare and other UK Immigration Law Specialists are ready to help you
Expert:  John Knox replied 3 years ago.
Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist

Thank you

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