Spouse settlement - married out side UK over 10yrs

[kasturi75]

Hi All,
One of my friend has already been given UK citizenship based on ‘Born in UK before 1983’ rule and currently he married (OVER 10 YEARS NOW) & live in Sri Lanka.. But he is planning to relocate UK with his wife now...

Issue is under current citizenship law ( http://www.ukba.homeoffice.gov.uk/visas ... you-apply/ ) she will have to complete English requirement (IELTS 4.0 points), Life in UK test & demonstrate Financial requirement over £18,600 earnings(for him) in order to obtain her UK citizenship is that correct??

BUT when we go through that above settlement requiremnts, It doesn’t say what are the requirements for someone who already have been living for years outside UK.
- Financial requirement as £18,600 for spouse already live in UK BUT what about who lives outside?
- English language requirement which is introduced recently is still applicable for a couple who got married over 10years ago & live in outside UK? In this case she is very poor at English language so will not be able to meet this requirement if it is applicable.

Many thanks

[Lucapooka]

The financial requirements are the same.

[kasturi75]

The financial requirements are the same.

Thanks Lucapooka,

He is retired now... so he won't be able to demonstrate a current earnings requirement, so what could be the alternative requirements on this situation??

Also will his wife need to complete the English requirement & Life in UK test?

thanks

[Casa]

They would need substantial savings. The English language test is mandatory.
There are no concessions for a long-term marriage.

[kasturi75]

They would need substantial savings. The English language test is mandatory.
There are no concessions for a long-term marriage.

Thanks Casa,
What are the temporary arrangements if they want to live here for couple of years?

Thanks

[geriatrix]

If my calculations are right, if there is no "income" from any source then the sponsor will need to show evidence of savings to the tune of GBP 65100 (held over a period of 6 months).

The only other option for wife is to travel to UK as a visitor, enabling them to stay for 6 months in a 12 month period. Such an application will also be subject to greater scrutiny and is highly likely to be refused if the applicant is unable to show strong ties with the country of residence.

They should have tried all this before 09-Jul-12 (the date these changes became effective).

[Casa]

I agree with sushdmehta's calculations. Not that it helps a great deal, but the Life in the UK test (together with a higher level B1 test) won't be required until permanent residence is applied for after 5 years. The pre-entry A1 test however is mandatory before submitting a spouse settlement application.

[kasturi75]

Thank you both...
Situation is he only has a temporary visa in Sri Lanka as they have stopped giving dual citizenships, he can’t go for dual citizenships either...and also he can’t come back in UK as his wife’s visa restrictions....

[geriatrix]

When did the two get married?

[kasturi75]

When did the two get married?

Year 2000 I guess, I don't have exact date. I can ring them & ask if exact date matters.

thanks

[geriatrix]

No use, if it wasn't before 1983.

Since you mentioned he is retired, I was hoping (given the age) that they might have married before 1983.

[kasturi75]

Late marrage then early retired...