British by descent and spouse

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Old Nov 10th 2019, 9:01 am
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Default British by descent and spouse

Hello! It’s been ages since I’ve been here, and I am long overdue posting an update. For now though I urgently need an answer to this question. My daughter is British by descent through me. She and her American husband would like to explore the idea of moving to be with us in the UK. I have not been able to find out whether he would qualify for a spouse visa as the spouse of a citizen of descent, as opposed to a spouse of one born in the UK. Anyone have any idea? And better still, could you point me in the direction of official documentation stating his eligibility? Thank you kind people!

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Old Nov 10th 2019, 10:01 am
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Default Re: British by descent and spouse

She is probably a British citizen. She can apply for a visa for her husband but will have to prove employment and income of $18.600 or more. Alternatively she can prove that she has savings of £62,500 or more.
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Old Nov 10th 2019, 10:23 am
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Default Re: British by descent and spouse

Originally Posted by scot47
She is probably a British citizen. She can apply for a visa for her husband but will have to prove employment and income of $18.600 or more. Alternatively she can prove that she has savings of £62,500 or more.
Thanks Scot, my husband is on a spouse visa, so have that information. DD is a citizen and does have a passport, although she has never lived in the UK. I, on the other hand, was born in the UK. The difference between my husband’s eligibility and her husband’s is the question. But thank you!

Last edited by Perth; Nov 10th 2019 at 10:31 am.
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Old Nov 10th 2019, 10:51 am
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Default Re: British by descent and spouse

Originally Posted by Perth

Thanks Scot, my husband is on a spouse visa, so have that information. DD is a citizen and does have a passport, although she has never lived in the UK. I, on the other hand, was born in the UK. The difference between my husband’s eligibility and her husband’s is the question. But thank you!
No difference is the answer.
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Old Nov 10th 2019, 10:59 am
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Default Re: British by descent and spouse

Originally Posted by Novocastrian
No difference is the answer.
Anything official on that?
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Old Nov 10th 2019, 11:47 am
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Default Re: British by descent and spouse

Originally Posted by Perth

Anything official on that?
Hi Perth. You won't find any official guidance that specifically talks about the eligibility of British citizens by descent to sponsor their spouses, because the official guidance that British citizens can sponsor covers all. It doesn't matter how they came by their British citizenship, whether by birth, descent or naturalisation, they're all British citizens.
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Old Nov 10th 2019, 12:51 pm
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Default Re: British by descent and spouse

Thanks SoS! Just by coincidence as I read this OH got an answer to the affirmative from another forum. This was someone who had done it with no issues. Now to see if our two can get it together and actually get it done, haha.
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Old Nov 10th 2019, 1:56 pm
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Default Re: British by descent and spouse

Originally Posted by Perth
Thanks SoS! Just by coincidence as I read this OH got an answer to the affirmative from another forum. This was someone who had done it with no issues. Now to see if our two can get it together and actually get it done, haha.
The US husband must apply while living in the US*, but if they can use the savings route he and his wife can both stay in the US and then travel together to the UK after the settlement visa is granted.

ETA *Or any other country where he is legally resident (it occurred to me that maybe they're in Oz).

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Old Nov 10th 2019, 2:01 pm
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Default Re: British by descent and spouse

Thanks, they will in all probability use the savings route in order to not be separated.
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Old Nov 11th 2019, 1:23 am
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Default Re: British by descent and spouse

Originally Posted by Perth
Thanks SoS! Just by coincidence as I read this OH got an answer to the affirmative from another forum. This was someone who had done it with no issues. Now to see if our two can get it together and actually get it done, haha.
I think it's just wonderful that they're planning to join you, hooray!
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