NBPF

Dear Friends,

Hope everyone is doing well. We are in some bit of situation and thought to use this forum - wherein someone could help us get some clarity. Myself and our 2 boys (aged 6 and 8) are Indian citizens and my wife is a British citizen. We intend to move to UK via family visa by meeting the financial requirement of £78,000 for a period of six months prior to the date of application. We would be ready to apply in few weeks’ time but considering the job market in UK currently were little hesitant to make the move and then look for a job there so as to avoid putting pressure on savings from day 1, while not much traction is felt while applying from outside the UK so far. We were contemplating a possibility wherein we all apply as a family, take the BRP and come back to India or Dubai (where we are currently residing) and keep looking for a job and make the move only once we have one. For the visa renewal (after 33 months), I understand it is advisable that you do not spend more than 6 months outside the UK at one time in a year. In our current situation, we are considering a situation wherein my wife and kids will live in India or Dubai while I move to UK after 5 to 6 months of getting the BRP. They will make short visits to UK in the first year, spending probably 2-3 months in the year in the UK with me. I have been advised by a friend in the UK that in the first year of the family visa, such a situation is acceptable as considering the type of visa and that the first year is a year of transition. We would like to ratify whether this information is accurate. Has anyone faced similar issues/situations and has figured out any solutions around this?The money that has been kept aside for the past 6 months has to be utilized and put to use for this application in a few weeks and hence we would need to take a decision very soon. While we are clear on the application process we are seeking help on the timing as when to leave and how to come around the 6 months un-said rule. Any help in the matter would be highly appreciated. Thanks in advance.

BritInParis

Your wife is the birth mother of your children?

NBPF

yes she is. Thanks

BritInParis

Can I check whether she is a British citizen by birth or naturalisation and that she was a British citizen at the time of your children’s births?

NBPF

Hi, my wife did get her citizenship by naturalisation and she was indeed a British citizen at the time of our children’s birth.

Thanks so much.

BritInParis

In that case your boys are British citizens and they will need either a British passport or a Certificate of Entitlement to the Right of Abode in their Indian passports in order to move to the UK - if you lodge a UK visa application for them then it will be refused. The upside is that you don’t need so much in cash savings to meet the financial requirements for your visa, only £62,500.

On your initial question, your visa allows you to live in the UK with your British spouse. You cannot use it to move to the UK to look for work whilst your wife remains overseas. The employment rate in the UK is a record high so you should have little trouble finding work even if it’s something temptto tide you over until you find something more permanent/suitable.

NBPF

thank you BritaninParis for your suggestions. Get it completely the 2nd part wherein we should plan to move together as a family that try splitting it.

Apologies but didn't get the 1st part completely on my kids application. We are applying for the family Visa route for myself and my boys via demonstrating the savings route of approx 78k GBP in savings. What we understand its 62.5k GBP approx for myself and by adding for 2 kids for a period of 2.5 years of Visa comes to around 78K GBP. Do you foresee any issues with this route for mine or kids application?

Thanks in advance!

NBPF

BritInParis

Your boys need British passports, not visas. As British citizens they’re not included in the financial requirements for your visa so you only need to demonstrate £62,500 of savings. You should obtain British passports for your boys before you apply for your visa.

christmasoompa

NBPF

Thanks but both myself or my wife have never lived in the UK. Only been there on holidays. The boys were also born in the UAE and not in UK. So we were made to understand for that reason they will not have access to British passports and have to go through the 5 year cycle post which ILR and then citizenship. You think we are we missing some information or been misinformed?

Thank you.

BritInParis

How did your wife gain British citizenship by naturalisation if she has never lived in the UK?

NBPF

Hi. Her mother was born in UK ...so both her and her brother got their citizenships basis that.

Strangely enough my mother in law doesn't live in UK and stays IN India and still.hasnt changed her own citizenship status to British (from Indian) while both the kids.have changed to British.
I know. Gets a bit complicated and confusing. Appreciate your help and patience.

SanDiegogirl

Where was your wife born? India ?

NBPF

Yes

SanDiegogirl

So wife of OP is British by Descent and can't pass British citizenship onto children ? (BIP to confirm)