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British citizen wants to bring his spouse to UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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khanz
Junior Member
Posts: 84
Joined: Sun Sep 07, 2008 11:35 pm
Location: U.K.

British citizen wants to bring his spouse to UK

Post by khanz » Mon Mar 27, 2017 11:19 pm

Hi,

One of my friend is a British citizen and have a girl friend in France and visits her every month or so.
He wants to marry her and also wants to bring her to UK. Should they marry in France and then apply for her visa from France? Please advise what's the best way/route?
Thanks

MrSlyFox
Member
Posts: 215
Joined: Sun Nov 06, 2016 2:58 pm

Re: British citizen wants to bring his spouse to UK

Post by MrSlyFox » Mon Mar 27, 2017 11:41 pm

I'm guessing she isn't French?

khanz
Junior Member
Posts: 84
Joined: Sun Sep 07, 2008 11:35 pm
Location: U.K.

Re: British citizen wants to bring his spouse to UK

Post by khanz » Mon Mar 27, 2017 11:56 pm

No, she is Algerian national but has French residency visa. She has two kids and both have French citizenship.

MrSlyFox
Member
Posts: 215
Joined: Sun Nov 06, 2016 2:58 pm

Re: British citizen wants to bring his spouse to UK

Post by MrSlyFox » Tue Mar 28, 2017 12:00 pm

She will need a visa to come to the UK to marry, or if they marry in France she will need a visa to join her husband. (The Children won't need visas, as they are French Citizens although watch out for post-Brexit changes)
https://www.gov.uk/join-family-in-uk
Five-year route: The process will be a 2.5-year visa, then another 2.5-year extension and after five years in the UK fulfilling the requirements such as the minimum income requirements, English language skills she can obtain ILR.
Minimum income required is - £18,600 per year



There is a different option for her as well;
Derivative Rights of residence (Does not lead to ILR or PR) as a parent of a child with the right to live in the UK.
I don't know much about this and with Brexit might be a risky route to take if it is scraped in the future following the UK's withdrawal from the EU but she could claim derivative rights to live in the UK as a Parent of a child/children who have the right to live in the UK however this does not lead to ILR or permanent residency under the EU laws maybe she could qualify for the ten-year long residence route?
https://www.gov.uk/derivative-right-res ... ligibility

khanz
Junior Member
Posts: 84
Joined: Sun Sep 07, 2008 11:35 pm
Location: U.K.

Re: British citizen wants to bring his spouse to UK

Post by khanz » Tue Mar 28, 2017 10:49 pm

So, which option is preferable in your opinion: marry in France and then apply the UK visa or apply the UK visa and then marry in UK?

What are the timelines for the above two options?
Please advise me about required documents as well.
Thanks

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: British citizen wants to bring his spouse to UK

Post by vinny » Tue Mar 28, 2017 11:15 pm

The visa fees are the same for both types. However, if she enters under a Fiancé(e) visa, then she would have to make an additional FLR(M) application immediately after marriage, before expiry of her visa.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tmonaghan
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Joined: Sat Dec 31, 2016 2:23 pm
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United Kingdom

Re: British citizen wants to bring his spouse to UK

Post by tmonaghan » Thu Mar 30, 2017 7:56 am

If your Friend is British Citizen and she is Algerian and both married in France for example and spent time working for a few months in France before returning to the UK even though the children are French the family could come into the UK using the Surinder Singh Route... Is not the Surinder Singh Route meant to circumvent the UK Immigration rules for British Citizens and their NON-EEA Family members wanting to come back to the UK?

tmonaghan
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Joined: Sat Dec 31, 2016 2:23 pm
Mood:
United Kingdom

Re: British citizen wants to bring his spouse to UK

Post by tmonaghan » Thu Mar 30, 2017 8:25 am


tmonaghan
Member
Posts: 237
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Mood:
United Kingdom

Re: British citizen wants to bring his spouse to UK

Post by tmonaghan » Thu Mar 30, 2017 9:07 am

An updated version is available from https://www.freemovement.org.uk/new-imm ... 2016-laid/ taking into account the changes following the New Immigration (European Economic Area) Regulations 2016 to the Surinder Singh route

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