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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an Australian (dob 1950)who gained a UK passport (father

Resolved Question:

I am an Australian (dob 1950)who gained a UK passport (father born the the UK) in 2002. I wish to apply to a right of abode for my wife ( an Australia, married 1971). Is there any issue with me not having a British passport when we married. Can I apply when we are in the UK in April? Do you know the time for approval?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Where are you presently?

Do you intend to come to the UK with your wife to settle permanently here?

Tom
Customer: replied 1 year ago.

I am in Australia at present and plan to fly to the UK for meetings and travel in early March. Jim

Expert:  Thomas replied 1 year ago.
Hi Jim,

Thanks, XXXXX XXXXX key issue here is whether you are to settlement permanently with your wife in the UK and make the UK your permanent home for the next few years.

Is this what you are going to do?

Tom
Customer: replied 1 year ago.

I am sorry. I have an Internet business with clients in the UK and Europe. I plan to spend a lot more time in the UK in the next few years but I do not intend , at this stage to move there permanently. I think I will be there for about 6 month each year. Jim

Expert:  Thomas replied 1 year ago.
Ok, but your wife will remain residing permanently in Austrailia and shall periodically travel with you to the UK for visits in the next few years.

Correct?

Tom
Customer: replied 1 year ago.

Yes

Expert:  Thomas replied 1 year ago.
Thanks. Drafting your answer now. 5 mins or so.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Your wife does not have right to enter the UK and remain when she pleases at the present time unfortunately. She does not have a right of abode simply by virtue of being married to you. Therefore, if she does not have an UK ancestry from her parents she is treated as an austrailian citizen like any other for the purpose of applying the UK immigration rules.

If she was to come to the UK to settle permanently with you so that she would make the UK her permanent residence then she would have to apply for settlement as the spouse of a UK citizen:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/

However, if she is to remain in Austrailia and simply come here every now and again for visits to the UK the above application is not appropriate to her circumstances.

Australian citizens have a visa waiver privilege to come to the UK to visit for no more than 6 months, but entry is still discretionary at customs. They refuse if they have doubts that the person will not leave after the visit and further doubt if there are quite a few periodic visits.

Therefore, it would seem sensible for her to apply for a two year multi-entry visitor’s visa. This is a visit visa which affords a person the right to visit the UK as many times as they like during the two years subject to not spending more than 6 months in any 12 month period in the UK. This would give her the flexibility to do what you appear to want to:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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