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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2138
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello! Im a dual citizen of Saudi Arabia and USA, plan

Resolved Question:

Hello!

I’m a dual citizen of Saudi Arabia and USA, plan to apply for settlement visa on my Saudi passport (I do not intend to use USA passport anymore as it is a problem to have a second passport when traveling to/from Saudi).

I married a UK citizen in Saudi 5 years ago and we have a son together, who was born in America. My wife was born in the UK to parents who are naturalised citizens. We have lived in Saudi and America since being married.

We plan to relocate to the UK and settle there. However, we will be traveling extensively in the Middle East and America during the months until our move.

We will not have work lined up before we arrive to the UK; however we can show we have substantial savings.

Some questions:
1. Can I directly apply for permanent residence/ILR or should I first apply for spouse visa? When would I apply for ILR?
2. Would I make my application to an office in the UK or abroad?
3. Would our travel in the months before arrival be a problem (for example if correspondence by post is required)?
4. What savings do we need to show? Does it need to be in the name of the UK citizen? Are the requirements the same for ILR?
5. Assuming I’m issued a spouse visa, what immigration controls would I be normally subjected to each time I leave the UK, and each time I re-enter the UK?
6. We have not registered our child’s birth. Should we do this abroad or include him as part of my spouse immigration application?
7. While I'm resident in UK either on spouse visa or ILR, would I pay taxes on any income earned abroad?
8. Is there anything I should consider?

Thank you so much!
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

1. Unfortunately you can not apply for indefinite leave to remain straight away, you would first need to apply for a spouse visa. The spouse visa will be granted for 33 months and then you need to apply for an extension which will be granted for 30 months, once you have completed residency in the uk for 5 consecutive years you will then be able to apply for indefinite leave to remain.

2. You will need to apply from your place for residency ie Saudi Arabia or the usa.

3. I wouldn't suggest that you travel to the UK after you submit a spouse visa application. In addition your original passport will be required.

4. The savings would need to be in the name of the sponsor or in joint names, the savings required will need to be in excess of 62,500,000. Yes you need to show that you still meet the requirements at time you submit your application for indefinite leave to remain, which will be 34,500.

5. There wouldn't be many you would have no problem whatsoever in leaving or entering the UK.

6. Yes you need to register the child obtain a passport and then join the child on the spouse visa application.

7. Yes any income from abroad must disclosed for tax purposes. You may wish to consultant an account for more details.

8. You may wish to view the requirements for a spouse visa at the following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
Sorry just to clarify point 4 should state 62,500.

Customer: replied 1 year ago.

Thank you for your responses. Could you clarify:

2. Is it possible to send my application by courier directly to the UK? I ask because I will be traveling visiting family outside of my country of residence for two months prior to my settling in the UK.

3. For how long would I be without a passport during the spouse visa application process?

 

4. To be clear, the sponsor in my case (my wife) is living outside the UK. Is it a problem if the savings accounts are in the USA?

5. Exactly what immigration control is there when leaving the UK for a spouse visa or ILR holder? For example, would I need to have my passport stamped each time I exit, or would I need to have my passport or visa scanned by an immigration officer each time I exit?

6. Approximately how long is the process of getting a UK passport for a child of a UK citizen born abroad?

 

Thank you in advance.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.


1. Unfortunately not, you can not apply to the uk for an application you are making from outside the uk, that is why British embassy and high commissions are located around the world to grant individuals visas for the uk.

2. The process usually takes around 2-3 months.

3. You will get your visa stamped every time you enter the uk. You would not be subject to immigration control existing the country.

4. The time cam vary but because you will be applying from outside the uk it can take at least 4-6 months.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Hello,


 


That's helpful info, much appreciated.


 


There was a part you may have overlooked:


 


The sponsor in my case (my wife) is living outside the UK. Is it a problem if the savings accounts needed for the financial requirement are in US banks?


 


Also, would I need to submit both passports with my visa application or only Saudi passport?


 


Thanks in advance.


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. No the savings can be in US banks provided that your wife meets the financial requirements. It would assist your extension if the funds could be then transferred to a UK bank account.

2. You need to submit the passport you wish to have your visa endorsed on, it is your choice which passport you submit.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2138
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for your help!

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