Eligibility of spouse for UK Family visa

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Old Mar 13th 2018, 2:15 pm
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Default Eligibility of spouse for UK Family visa

I am providing the context below and would really appreciate if someone could confirm that my spouse (wife) if eligible to apply for a UK family visa:

I am holding an Indian passport and have very recently acquired a UK Certificate of Entitlement to Right of Abode stamping (based on my birth in UK prior to 1983). My wife is holding an Indian passport. We would like to move to UK for the long term. Is my wife eligible for a UK family visa?

I am a bit confused as all the official websites mention that UK family visa is applicable for British citizens and ILR holders, but they do not explicitly mention people having Right of Abode in the list. I find all this terminology a bit confusing, so am unsure. If you have any official government website link that you can share that mentions this, it will give me much confidence before I proceed with the application. Do kindly let me know.

I need another confirmation related to initiating the online visa application for a UK family visa: The drop down menus have numerous options so I was wondering if I am selecting the right options. What I have selected is Reason For Visit - Settlement, Visa type - Settlement and finally I selected Wife. Is that correct?

Your help will be very much appreciated.
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Old Mar 13th 2018, 3:37 pm
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Default Re: Eligibility of spouse for UK Family visa

The Home Office refers to a 'settled' person. If you have a valid Certificate of Entitlement to the Right of Abode in your Indian passport then you will be considered settled as soon as you enter the UK to reside. Incidentally you are a British citizen albeit one without a British passport.

Settlement>Settlement>Wife is correct.
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Old Mar 14th 2018, 2:05 am
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Default Re: Eligibility of spouse for UK Family visa

Thank you very much for your response. I will proceed with the UK family visa application accordingly.
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Old Mar 14th 2018, 5:13 am
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Default Re: Eligibility of spouse for UK Family visa

As a further clarification, does this mean that there is a requirement that I should have entered and am present in the UK at the time of submitting my wife's UK family visa application in India - so that I have 'settled' status when we are applying?
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Old Mar 14th 2018, 8:17 am
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Default Re: Eligibility of spouse for UK Family visa

Originally Posted by BritishIndia View Post
As a further clarification, does this mean that there is a requirement that I should have entered and am present in the UK at the time of submitting my wife's UK family visa application in India - so that I have 'settled' status when we are applying?
No, as you are considered ‘settled’ as soon as you enter. This means your wife can either join you in the UK or accompany you to the UK. What she can’t do is travel to the UK ahead of you.
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Old Mar 22nd 2018, 3:40 am
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Default Re: Eligibility of spouse for UK Family visa

Originally Posted by BritInParis View Post
The Home Office refers to a 'settled' person. If you have a valid Certificate of Entitlement to the Right of Abode in your Indian passport then you will be considered settled as soon as you enter the UK to reside. Incidentally you are a British citizen albeit one without a British passport.

Settlement>Settlement>Wife is correct.
I had a few questions regarding the Certificate of Entitlement to the Right of Abode vignette in my Indian passport, which I was granted less than a month ago (and is valid till my passport expiry date):
  • Is there any requirement that I need to enter the UK within a specific time period?
  • Is there anything else I need to do before I travel (e.g. apply for a BRP etc.)?
Any information you can provide will be very helpful.
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Old Mar 22nd 2018, 8:12 am
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Default Re: Eligibility of spouse for UK Family visa

Originally Posted by BritishIndia View Post
I had a few questions regarding the Certificate of Entitlement to the Right of Abode vignette in my Indian passport, which I was granted less than a month ago (and is valid till my passport expiry date):
  • Is there any requirement that I need to enter the UK within a specific time period?
  • Is there anything else I need to do before I travel (e.g. apply for a BRP etc.)?
Any information you can provide will be very helpful.
No and no.
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