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Irfan
Irfan, Immigration Consultant
Category: UK Immigration Law
Satisfied Customers: 29
Experience:  Registered with the Office of the Immigration Services Commissioner (OISC)
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My name is ***** ***** a British citizen. I am married to a

Customer Question

Customer: My name is ***** ***** a British citizen. I am married to a Russian and we have a 18m old daughter and at present we are living in Egypt. My wife has a 10 year multi entry Family Visit Type C visa with 6 years to Run. My Daughter was born in the UK and has a British passport. I plan to move them back to the UK in about 6 months time. But I will remain working in Egypt. As normal the GOV.com website is not clear. Would my wife be able to apply for right to stay if i'm not living in the UK with her. Or what would the correct procedure to follow.
JA: Thanks. Can you give me any more details about your issue?
Customer: Not sure what more to add ??. We have been together 10 years married for 7 years. Can my wife apply for settlement visa if I'm not in the UK with her but returning to the UK for Holidays. We own property in the UK and I work and am paid from the UK.
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Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Irfan replied 1 year ago.

Hi,

Thank you for your question.

The short answer to your question is Yes, it is possible for your wife to apply for a Spouse visa to settle in the UK. However, as you have been living and working in Egypt, you will need to demonstrate that you will now be domiciled in the UK. Basically, your intention must be to make the UK your home and that you will base yourself in the UK when you are not required to work overseas i.e annual leave.

As you are paid in the UK and pay your UK taxes this will be sufficent to meet the income requirement provided your salary is at least 18,600 pounds per annum.

The application must be submitted in Egypt or Russia and it can only be submitted 3 months prior to your intended travel date to the UK; please note in order for the application to be valid, you will need to either relocate to the UK at the same time as your wife and child or return to the UK before the application is submitted to prepare for your permanent move to the UK.

The spouse visa will be issued for a period of 33 months after which time your wife will be eligible to make an extension of stay in the UK to a total of 5 years. Once she has spent a period of 5 years in the UK, she will be eligible to apply for a permanent visa.

I hope this helps; if you require further detials please le me know.

I look forward to your feedback.

Kind regards,

Irfan

Expert:  Irfan replied 1 year ago.

Hi,

Thank you for your question.

The short answer to your question is Yes, it is possible for your wife to apply for a Spouse visa to settle in the UK. However, as you have been living and working in Egypt, you will need to demonstrate that you will now be domiciled in the UK. Basically, your intention must be to make the UK your home and that you will base yourself in the UK when you are not required to work overseas i.e annual leave.

As you are paid in the UK and pay your UK taxes this will be sufficent to meet the income requirement provided your salary is at least 18,600 pounds per annum.

The application must be submitted in Egypt or Russia and it can only be submitted 3 months prior to your intended travel date to the UK; please note in order for the application to be valid, you will need to either relocate to the UK at the same time as your wife and child or return to the UK before the application is submitted to prepare for your permanent move to the UK.

The spouse visa will be issued for a period of 33 months after which time your wife will be eligible to make an extension of stay in the UK to a total of 5 years. Once she has spent a period of 5 years in the UK, she will be eligible to apply for a permanent visa.

I hope this helps; if you require further detials please le me know.

I look forward to your feedback.

Kind regards,

Irfan

Expert:  Irfan replied 1 year ago.

Hi,

This is just a quick follow up further to my answer; if you are happy with the details I have provided kindly accept my answer.

If you need clarification on any point please do let me know.

Kind regards,

Irfan