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Visa options for UK national bringing back Taiwanese wife and child (UK national)

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Tomhiggs91
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Joined: Mon Sep 02, 2019 4:43 am

Visa options for UK national bringing back Taiwanese wife and child (UK national)

Post by Tomhiggs91 » Mon Sep 02, 2019 5:13 am

Hello,

It's some time off, but my wife to be and I are planning a future in the UK in the next few years, but unfortunately finding the correct visa is proving to be far more difficult than expected. This is a long post, but bear with me.

I'm a UK national living in Taiwan, and I'm due to marry a Taiwanese woman. We have a baby due in December, and when she is born she will have a UK AND Taiwanese passport. In the future we will return to the UK because I want to complete my MSc and start a career there. But I need help choosing the best option for a visa as my wife will not accept us being separated for extended periods whilst our daughter is growing up.

In light of the circumstances below, which visas are suitable for us?

-Income: I already own a #ental property (I don't have an exact number, but the income is £1000-1600) per year. As I will be doing a postgrad, the loan for this is £10000 so it is likely that we will be over the £22600 requirement.
-Other options: IF in the unlikely event Brexit doesn't go ahead or if we move to the EU I'm entitled to an Italian passport which enables access to the EU residence card and circumvents the minimum income requirements.

Any help will be appreciated.

Regards,

Tom

Tomhiggs91
Newly Registered
Posts: 2
Joined: Mon Sep 02, 2019 4:43 am

Re: Visa options for UK national bringing back Taiwanese wife and child (UK national)

Post by Tomhiggs91 » Mon Sep 02, 2019 7:19 am

A mistake: rental income is between £1000-1600 a month.

physicskate
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Joined: Tue Oct 30, 2012 10:46 am

Re: Visa options for UK national bringing back Taiwanese wife and child (UK national)

Post by physicskate » Mon Sep 02, 2019 9:44 am

Tomhiggs91 wrote:
Mon Sep 02, 2019 7:19 am
A mistake: rental income is between £1000-1600 a month.
Several things:

It's quite important how much that (non-employment) income is. If it is above £18600 in the previous 12 months, you can apply using Category C. As your child is British, you need to have £18600, not the higher amount.

A LOAN will not qualify as non-employment income, but a stipend (scholarship) would...

Even if you have another (EU) citizenship, you are treated as a UK citizen for immigration purposes, unless you are immigrating from another EU country where you have been living (not just visiting while maintaining a UK residence, etc... the test for this is quite high though - you have to prove the 'centre of your life' was in this other EU country). So in effect, there is no way to circumvent the UK immigration rules for you.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Visa options for UK national bringing back Taiwanese wife and child (UK national)

Post by secret.simon » Mon Sep 02, 2019 9:50 am

Tomhiggs91 wrote:
Mon Sep 02, 2019 5:13 am
As I will be doing a postgrad, the loan for this is £10000 so it is likely that we will be over the £22600 requirement.
I am not sure that a loan counts as income.
Tomhiggs91 wrote:
Mon Sep 02, 2019 5:13 am
IF in the unlikely event Brexit doesn't go ahead or if we move to the EU I'm entitled to an Italian passport which enables access to the EU residence card and circumvents the minimum income requirements.
A dual British/EEA citizen is treated as a solely British citizen, unless s/he lived as an EEA citizen for five years in the UK, acquired PR under EU law and then naturalised as a British citizen.

If you were born a British citizen, you will be treated solely as a British citizen.

EDIT: Overtaken by physicskate.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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