I do not know what to do next..

[ssjones]

After 25 years of marriage and living abroad, my 3 kids are back to UK and would like to join them My third is still at school and I am finding it difficult to cope without them. I am Lebanese married to a British citizen but we never lived in UK. I have applied recently to a 5 year family visit visa and I hope to get it. I was told at the embassy that I can change it to a settlement visa once i decide to remain in the UK. We have a property and enough funds to support me when I am there. My husband wishes to remain abroad for another 5 years. I do not know what to do in order to start the citizenship process rolling. Please help. Thank you.

[John]

I was told at the embassy that I can change it to a settlement visa once i decide to remain in the UK.

Well that would be the case if your husband was also moving to the UK with you, but as he intends to remain outside the UK for a further five years, there is no chance of you getting a spouse visa until he changes his mind.

That is, you can't possibly apply for Naturalisation as British until you have lived in the UK for at least 3 years, and you can't do that until you get a spouse visa.

However, it is worth asking, is your husband a Crown Servant? That is, does he work outside the UK for the British Government, for example in an embassy or for the armed forces? If the answer to that is yes, then very different rules would apply.

[Casa]

Neither can you switch from Visitor to Spouse from within the UK..even if your husband is living here with you.

[ssjones]

Thank you for your replies.
My husband works for BAE systems. I pray that it counts as government contract.

[John]

It may well count as a Government contract, but I don't think that means he works as a Crown Servant.

It would be different if, for example, he was employed by the British Government to check up on the performance of BAE, but it sounds like that is not the case.

[ssjones]

Thank you John. I will be leaving end of July and will keep you updated so someone else might benefit of the info. God bless you all...

[John]

Leaving? Leaving for where? Whilst you might have a long-term visitor visa, you will have no ability to settle in the UK.

[Kevin_K]

Correct me if am wrong, but I think you can do the following:

* Arrange for a permanent flat/house in the UK (Lease or Purchase).
* Apply for Spouse entry clearance.
* Have your Husband to open bank accounts and have him sign up for few services, such as Gas, Telephone etc.
* Have your husband use his bank account in the UK to pay for those bills. Even better, have a joint bank account and use it to pay for all your bills.
* I presume that your husband travels back and fourth to the UK (See the kids, keep in touch with his family etc). So this house/flat will be his permanent home in the UK. Make sure his name is on the council tax papers.
* Remain in that property for two years.
* Make sure you're not absent from the UK according to the guidelines (See the application and the guide)
* After two years, apply in-person for ILR (Permanent residency).
* A year later, apply for your Citizenship- your husband's whereabouts are not important once you get your ILR.

There is no rule against your husband being absent from the UK, the restriction apply to you only.

My mate was in a similar situation, he's got a business in Dubai so he travelled back and forth and he's wife remained in their permanent address in the UK until she was granted her ILR.

Good Luck.

[John]

Apply for Spouse entry clearance.

The problem is in this case that the husband intends to remain in his outside-the-UK employment for another 5 years. If he did intend have his own business, conducted both in and outside the UK, it would be rather different.

So on the facts as we have been told, I can't see how the wife can possibly get a spouse visa .... for the next 5 years.

[ssjones]

Thank you Kevin for your reply. I will think about that but is everything legal in what you said?

[ssjones]

Just to clarify a bit more. We have a permanent base, we pay our taxes, we have Gas, TV, electricity bills, we have a joint account, my 3 kids are all in UK, we have all what you stated Kevin. I only pray it will work when we go and ask about it. I will keep you posted.

[Kevin_K]

I am not a lawyer so I cant advise you legally. I think the answer lie with what John said: "If he did intend have his own business, conducted both in and outside the UK, it would be rather different."

I would call the Home Office help line and ask them if your husband have to be present with you all the time at your UK address?

The form says: "I confirm that I am the spouse or civil partner of the applicant. I declare that we are still married and that we are
living together as husband and wife and intend to do so permanently..."

Its says "living together as husband and wife", not living together all the time. To me, your case sounds like you're already living with your husband and your children permanently in the UK, he's only away for work temporally.

However, take John's advise over mine- he's a lot more experience.

[ssjones]

Thank you Kevin. Your advice as well as John's and the others are very valuable and I really thank you for this forum and all your replies. I guess my first stop is to go with my husband when in UK to the Home Office and go from there.
Enjoy your week-end, for us out here in Saudi Arabia, it's the first day of our working week.

[Casa]

But do bear in mind as I mentioned earlier you will be unable to switch from visitor to spouse from within the UK...you were given incorrect information on this.

[John]

I would call the Home Office help line and ask them if your husband have to be present with you all the time at your UK address?

I am not saying he needs to be living in the UK all the time, but spending a month or two in the UK every year, while on holiday from his outside-the-UK job, is probably not sufficient.