ILR for spouse married to a British Citizen

[bravopapa]

Dear All,

As far as I am aware, a non-EU spouse married to a British Citizen and continuously living in the UK for 5 years can apply for ILR right?

How about when the couple live outside the UK. Does the spouse have any right to apply for ILR after 5 years?

Many Thanks

[CR001]

ILR can only be obtained if the spouse and BC spouse have been living in the UK. It is all about residence and meeting the standard requirements to settle.

Living abroad and being married to a BC doesn't give any special privileges to the non-EU spouse.

[bravopapa]

Dear CRoo1

Thank you for your reply.

(1) Does that mean that the spouse has to ask for a visa everytime he/she needs access to UK? or is there any sort of visa that could be obtained?

(2) Can the couple travel freely to UK to ensure that the child is born in UK?

Many Thanks

[CR001]

Dear CRoo1

Thank you for your reply.

(1) Does that mean that the spouse has to ask for a visa everytime he/she needs access to UK? or is there any sort of visa that could be obtained? A spouse visa is granted for 2.5 years. This costs £1,195 visa fee plus £600 immigration health surcharge. There are strict requirements that the British spouse has to meet to qualify.

(2) Can the couple travel freely to UK to ensure that the child is born in UK? Who is the non-EU parent, the mother or father? Does the non-EU parent usually require a visa to come to the UK? If the one parent is British, is the parent British born or British by descent.

Many Thanks

[Casa]

Dear CRoo1

Thank you for your reply.

(1) Does that mean that the spouse has to ask for a visa everytime he/she needs access to UK? or is there any sort of visa that could be obtained? A visa would be required for each visit to the UK. Visitor visa.

(2) Can the couple travel freely to UK to ensure that the child is born in UK? No. In order to give birth in the UK a Medical Visitor Visa would be required. As there would be no access to the NHS, all treatment would be paid for privately, including the birth, pre-natal and post-natal treatment.

1. The non-British spouse would need a visa for each visit to enter the UK. A visitor visa.

2. No. The non-British spouse would need to apply for a medical visitor visa. Private medical costs would have to be paid as they would have no access to NHS treatment. Costs for a straightforward birth would be in access of £2,000 + any ante-natal & post-natal, charges.

"If you’re applying to visit for private medical treatment
You must prove that you:

have a medical condition that needs private consultation or treatment in the UK
have made or paid for arrangements for consultations or treatment
have enough money to pay for your treatment, support yourself without using public funds and pay for your return or onward journey
will leave the UK once your treatment is completed, or when your visa expires
are not a danger to public health if you’re suffering from an infectious disease, eg leprosy"

Many Thanks

[Casa]

Dear CRoo1

Thank you for your reply.

(1) Does that mean that the spouse has to ask for a visa everytime he/she needs access to UK? or is there any sort of visa that could be obtained? A visa would be required for each visit to the UK. Visitor visa.

(2) Can the couple travel freely to UK to ensure that the child is born in UK? No. In order to give birth in the UK a Medical Visitor Visa would be required. As there would be no access to the NHS, all treatment would be paid for privately, including the birth, pre-natal and post-natal treatment.

1. The non-British spouse would need a visa for each visit to enter the UK. A visitor visa.

2. No. The non-British spouse would need to apply for a medical visitor visa. Private medical costs would have to be paid as they would have no access to NHS treatment. Costs for a straightforward birth would be in access of £2,000 + any ante-natal & post-natal, charges.

"If you’re applying to visit for private medical treatment
You must prove that you:

have a medical condition that needs private consultation or treatment in the UK
have made or paid for arrangements for consultations or treatment
have enough money to pay for your treatment, support yourself without using public funds and pay for your return or onward journey
will leave the UK once your treatment is completed, or when your visa expires
are not a danger to public health if you’re suffering from an infectious disease, eg leprosy"

Many Thanks

[bravopapa]

Thank you

(1) Ok thanks for clarifying.

(2) the mother is the non-EU. The father spent 12 years in UK and converted his passport to a UK one. Yes the non-EU mother usually requires a visa to enter UK.

Many Thanks

[CR001]

Thank you

(1) Ok thanks for clarifying.

(2) the mother is the non-EU. The father spent 12 years in UK and converted his passport to a UK one. You can't 'convert' a foreign passport to a BC one. Did you apply for naturalisation as BC then?

Yes the non-EU mother usually requires a visa to enter UK. She will need a medical visa and proof of delivery plans and pay for her birthing etc. Why does the child have to be born in the UK??

Many Thanks

[bravopapa]

(1) Sorry what I meant is that the husband applied for naturalisation.

(2) The way i understand the rule is that if one of the spouses has either ILR or BC, the child has BC automatically but it matters whether he/she born in/out UK. if the child is born in (out) UK he can (cannot) pass BC to future generation. Am I correct?

I guess the answer to your question is that the couple is looking to pass BC to future generations.

Many Thanks

[CR001]

A child born abroad to a parent that has been naturalised as BC is automatically British by decent and can apply for a passport directly. The child can only pass on BC if the child has future children in the UK.