Foreign spouse that is mother of British citizens

DWJ · Post by **DWJ** » Mon Sep 24, 2007 10:20 am

I'm a British citizen with a Japanese wife and we are currently living in Japan . We have 2 children from our marriage that are both registered as British citizens and hold British passports . I lived with my wife after marriage in the UK for a while and she had " indefinate leave to remain " at the time . But that was some years ago . We are planning to return to the UK to live soon and I'm wondering if my wife will have any difficulties with immigration . Do we really need to go through the business of getting a clearance visa for her ? Or can we move back to the UK first and then make an application for her to take up residence again ? I really would be grateful for any advice .

yankeegirl · Post by **yankeegirl** » Mon Sep 24, 2007 11:04 am

You will have to apply for a spousal visa again for your wife. Unfortunately, there is no way for her to go to the UK and then make a switch in-country.

DWJ · Post by **DWJ** » Mon Sep 24, 2007 1:26 pm

Thanks very much for the reply . So, despite the fact she's the mother of 2 British children, she could be denied the right to live in the UK with her family . Seems like a denial of basic human rights to me . If a visa was denied, what then ?

Wanderer · Post by **Wanderer** » Mon Sep 24, 2007 1:30 pm

DWJ wrote:Thanks very much for the reply . So, despite the fact she's the mother of 2 British children, she could be denied the right to live in the UK with her family . Seems like a denial of basic human rights to me . If a visa was denied, what then ?

Spouse visa is unlikely to be denied but if it was no human rights have been denied since you can live in Japan. That's the HO mantra anyway, not mine...

badmaash · Post by **badmaash** » Mon Sep 24, 2007 1:31 pm

you can reapply for a indefinite leave who says you cant ?

im sure victoria has mentioned somewhere you can just go through a search

yankeegirl · Post by **yankeegirl** » Mon Sep 24, 2007 1:40 pm

you can reapply for a indefinite leave who says you cant ?

The problem with this is that in order to qualify for ILE (indefinite leave to enter) not only would they have to prove marriage for at least 4 years but also that the Life in the UK test has been passed, and the only way to take the test is by coming to the UK first, going back to the home country and then applying from there. Also, I read on another forum where the individual did take the test and applied from her own country and was still given 2 years LLR, she was told it was at the ECO's discretion.

As long as you can show ability to support yourselves, given the fact that you have been married for a number of years and have children, I would think it unlikely a spousal visa would be denied.

paulp · Post by **paulp** » Mon Sep 24, 2007 1:48 pm

The OP's wife had ILR. How many years did she live in the UK and how long ago did she leave the country? Can she apply as a returning resident?

http://www.ind.homeoffice.gov.uk/applyi ... gresidents

DWJ · Post by **DWJ** » Mon Sep 24, 2007 1:54 pm

Thanks again . By support yourselves, what exactly are the requirements ? Is it clear what they are ?

DWJ · Post by **DWJ** » Mon Sep 24, 2007 2:07 pm

PaulP
Thanks ! I checked the link and as she has been out of the country more than 2 years it looks like we have to apply for clearance through our nearest consul or embassy .

DWJ · Post by **DWJ** » Mon Sep 24, 2007 3:19 pm

After looking at the situation, I now feel extremely irritated . An EEA citizen can bring his wife and kids into the UK under EU law with little trouble . But a British citizen has to go through a clearance check providing all kinds of evidence and information along with the payment of a hefty fee for his non EEA spouse despite the fact that they have kids that are British citizens . Maybe I've been living out of the UK for too long, but something seems very wrong here !

sakura · Post by **sakura** » Mon Sep 24, 2007 3:45 pm

DWJ wrote:After looking at the situation, I now feel extremely irritated . An EEA citizen can bring his wife and kids into the UK under EU law with little trouble . But a British citizen has to go through a clearance check providing all kinds of evidence and information along with the payment of a hefty fee for his non EEA spouse despite the fact that they have kids that are British citizens . Maybe I've been living out of the UK for too long, but something seems very wrong here !

Join the queue of irritated British nationals and their angst about the EEA rules.

Does your wife speak English? Are you planning on remaining in the UK long-term (i.e. she would want to apply for ILR or even naturalisation)?

DWJ · Post by **DWJ** » Mon Sep 24, 2007 3:53 pm

She speaks English fluently and used it to work for a couple of big Japanese companies in the UK when we lived there . And I think I would get her to take out British citizenship as soon as possible on returning to the UK .

Docterror · Post by **Docterror** » Mon Sep 24, 2007 5:23 pm

DWJ wrote:After looking at the situation, I now feel extremely irritated . An EEA citizen can bring his wife and kids into the UK under EU law with little trouble .

That seems to be the prevailing belief. But practically, if you have a quick look in this board, there seems to be just as much trouble getting a EEAFP, with quite a few bizzare rejections, as there is getting a spouse visa.

But a British citizen has to go through a clearance check providing all kinds of evidence and information along with the payment of a hefty fee for his non EEA spouse despite the fact that they have kids that are British citizens

All the clearance checks the British person will have to endure can also be asked for the EEA citizen to prove the marriage even if they have children. Regarding the hefty fees, it has been arranged by reciprocal treaty agreements and you will be given the same treatment, if you chose to use your EEA rights in any other country.

Docterror · Post by **Docterror** » Mon Sep 24, 2007 5:32 pm

sakura wrote:Join the queue of irritated British nationals and their angst about the EEA rules.

All EU countries will have such a group, not just the British. But some will use it to beat their own immigration rules as they are too stringent as witnessed in the case of the Danes using the EEA route by residing in Sweden and commuting to work instead of reforming their own system altogether.

DWJ · Post by **DWJ** » Tue Sep 25, 2007 3:50 pm

Can anybody give advice who has been in a similar situation regarding the clearance process etc. and what is required ? Or is it really a case by case process ?

VictoriaS · Post by **VictoriaS** » Tue Sep 25, 2007 4:11 pm

The best thing would be for her to apply for Indefinite Leave to Enter the UK as a returning resident. This is a much better option than going for the spousal visa as she would not have to make a further application in two years time and she would not have to take the Life in the UK test. She would just be re-activating her previous ILR, and would then be able to apply for citizenship in three years time if she wished.

Take a look at www.ukvisas.gov.uk for info on returning residents.

Victoria

sakura · Post by **sakura** » Tue Sep 25, 2007 4:16 pm

Docterror wrote:
sakura wrote:Join the queue of irritated British nationals and their angst about the EEA rules.
All EU countries will have such a group, not just the British. But some will use it to beat their own immigration rules as they are too stringent as witnessed in the case of the Danes using the EEA route by residing in Sweden and commuting to work instead of reforming their own system altogether.

No doubt. I just meant the posts I remember reading on this board about British nationals and their comments about how hard it is for them (remember the board member "Russia" or "Russian"?).

DWJ · Post by **DWJ** » Tue Sep 25, 2007 4:23 pm

Thanks VictoriaS .

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Foreign spouse that is mother of British citizens

Foreign spouse that is mother of British citizens

Thanks !

Re: Thanks !

2 years