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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband is British by birth, living in SA and he now holds

Customer Question

My husband is British by birth, living in SA and he now holds dual citizenship; I have a SA passport with Ancestral Visa on which I have been in and out of the UK for several years doing care work. My husband now wants to return to the UK for good but is not sure whether he should immigrate or just leave because he not sure how his bank accounts, pensions, etc would be affected? And how does it affect me? I'm assuming I would just leave and apply for indefinite leave to remain in the UK in five years time. We are very confused so any help would be greatly appreciated. Denise and John
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

When does your ancestral visa expire please?

Tom
Customer: replied 1 year ago.

Hi there, my existing visa expires 1st August but have renewed it from 5th August and that will expire in 2018.


 

Expert:  Thomas replied 1 year ago.
Hi,

Thanks.

When did you first get your original ancestry visa?

Have you spent more than 180 days outside the UK since getting it?



Tom
Customer: replied 1 year ago.

My original visa was from August 2004 and yes, I have spent more than 180 days outside the UK since then.


 


Denise

Expert:  Thomas replied 1 year ago.
Hi Denise

Thanks for your patience.

If you have been in the UK on a spouse visa for 5 years (although the time is split between UK/SA) and had not been outside the UK for more than 180 days in any 12 month period then you would have been able to apply for ILR:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/uk-ancestry/
See third paragraph on the above link.

Sometimes you can get ILR even if you have spent more than this time outside the UK but the reason for the absences must usually be for a work obligation that you could not get out of OR some compelling compassionate reasons (eg. Famliy’s health).

I presume that you did not meet this and therefore only applied for or were given the new ancestry visa,.

In the circumstances I would say that it would be simpler and easier for you to simply enter the UK on your ancestry visa again and stay in the UK that way rather than applying for the more complicated spouse visa that you would otherwise be eligible for.

Once in the UK if you do not spend more than 180 days outside the UK then you can apply for ILR in 5 years time as you have correctly stated.

If your husband is British by birth and has a British passport then he can simply enter on his UK passport without the need to actually apply for any thing before he leave. He should call the varisou institutions (eg. Banks etC) to advise of the change of residence and ask if they require anything of him but it should be very straightforward.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6518
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 1 year ago.

Hi Tom,


 


yes, we are aware of all of the above but we are continually being asked whether we are going to immigrate back to UK or just go as there are certain implications regarding bank accounts, pensions, etc.


Should my husband immigrate, does that mean he loses his SA citizenship? We have asked our bank but they haven't been very clear.


Denise

Expert:  Thomas replied 1 year ago.
Hi Denise,

Your bank won't advise you on citizenship or immigration issues.

Your husband won't lose his SA citizenship because dual citizenship is allowed both by the UK and by SA.

The reason that they are asking is I presume for taxation purposes. A person is usually taxed by the government of the country in which they are resident (ie. which is their permanent home for the year).

If your husband is to return to the UK and stay here permanently, albeit with trips perhaps outside of the UK every year but not to any great total) then he would be regarded as being resident in the UK and taaxed under the UK's taxation regime.

The SA instituations need to know this so that their records reflect the fact that he will be taxed accordingly in the UK and not SA as he currently is.

There's nothing sinister about it.

PLease remember to rate my answer.

Kind regards,

Tom
Customer: replied 1 year ago.

Hi Tom


 


Sorry for the delay in replying; had an urgent interruption.


 


Thank you for your response. Good to know there is nothing sinister to worry about!


 


Regards


 


Denise

Expert:  Thomas replied 1 year ago.
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