UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
He was born in 1982 in Oakham, England.
Thanks for your reply.
If your husband was born in the UK before 1983 then he will be a UK citizen otherwise than by descent (unless he was born to parents who had diplomatic immunity, which I assume he wasn't). Confirmation here:-
This means that he is free to pass on his citizenship to such of his children that are born outside the UK. This means that your children are UK citizens. However, the type of citizenship they have is "citizenship by descent", which means that they have exactly the same rights as other citizens except that they will not be able to pass on their citizenship automatically to their children (ie. your grandchildren) if they are born outside the UK.
If you previously obtained a spouse visa then you would have been given leave to remain. If you left the UK after 9 months then you would not have fulfilled the residential requirements to apply for indefinite leave to remain (two years was required as a probationary period at the time). If you were in your probationary period then this would have lapsed now, so you would not be able to pick it up from where you left of (so to speak)..
Upon application for a spouse visa if the spouses had been married for 4 years then they may have been given "indefinite leave to remain", which is the permanent right to remain in the UK. I assume this does not apply to you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kindly rate my answer if you are satisfied with the information I have provided.Kind regards,Tom
There is nothing precluding you from applying for an ancestry visa provided that you are eligible for one. However you would of course have to prove that your grandmother was born in the UK.
Thank you for your wonderful reply. Just one more point to clarify-we will have been married for 5 years before we reapply for a visa. Does automatic indefinite leave to remain still exist? I'm under the impression that no one gets this automatically anymore, and a probationary period is still necessary. Am I correct?
You are correct, I'm afraid. The right to automatic indefinite leave to remain has been repealed so a probationary period is required for all spouses now.
I would be grateful if you would kindly rate my answer. Kind regards,Tom
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).