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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6042
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a British citizen by descent, and hold a current and valid

Resolved Question:

I am a British citizen by descent, and hold a current and valid British passport and Certificate of Citizenship.

I was born in South Africa, but have lived in California for 21 years and am also a naturalized US citizen.

I have never lived in the UK.

My husband was also born in South Africa, and is in a similar situation to me where his South African citizenship has lapsed since acquiring US Citizenship.

We would like to relocate permanently to the UK and establish residency.

My understanding is that since I am a British citizen, I have automatic right of abode, but that my husband would need to apply for this right. He would eventually like to apply for British citizenship too.

How do we go about doing this?

Thank you.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You can automatically come to the UK to live if you are British by descent since you can enter on your UK passport He will need to apply for a spouses visa (ie. Settlement) if he is to come here to settle with you permanently. He needs to apply at least four months before you plan to travel and he should instruct a solicitor based in the UK 5 months before you intend to travel.


If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• You must also meet the English language requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/english-language/

• You must also meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


He will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The visa will be granted for a period of 33 months. He will have to apply for further leave to remain at the end of this time. He can apply for indefinite leave to remain once he has been here for 5 years and has not spent significant periods outside the UK.. After that he can apply to be naturalised as a UK citizen provided that he meets the criteria on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

The best advice I can give is to instruct a solicitor practising UK immimgration law and based here in the UK.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6042
Experience: BA (Hons), PgDip, Practising Solicitor
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