UK wife, Kiwi husband, right to remain
Aug 31st 2015, 4:36 pm
#1
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Joined: Mar 2015
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UK wife, Kiwi husband, right to remain
Hi Everyone
I need some advice, please. I am a UK citizen. I am originally from Poland, and I hold dual citizenship. I currently live and work in the UK.
Further to the above, my husband is currently in the UK on a work visa - tier 2. We got married (one month ago) in the UK after he entered the UK on his work visa.
He wishes to apply for the right to remain in the UK, but the appropriate route to follow is unclear. Gov.UK says that he can apply to remain as the partner of a British citizen after he had been on a "partner of a settled person visa" for five years.
That brings us to the "partner of a settled person" visa .... One of the exceptions to obtaining a "partner of a settled person" visa pertains to a partner from the EEA - which applies to me by the looks of it.
It looks like he cannot apply for an EEA family permit either, since the website states that he must be outside the UK to apply for an EU family permit.
Any advice, please? Many thanks in advance!
I need some advice, please. I am a UK citizen. I am originally from Poland, and I hold dual citizenship. I currently live and work in the UK.
Further to the above, my husband is currently in the UK on a work visa - tier 2. We got married (one month ago) in the UK after he entered the UK on his work visa.
He wishes to apply for the right to remain in the UK, but the appropriate route to follow is unclear. Gov.UK says that he can apply to remain as the partner of a British citizen after he had been on a "partner of a settled person visa" for five years.
That brings us to the "partner of a settled person" visa .... One of the exceptions to obtaining a "partner of a settled person" visa pertains to a partner from the EEA - which applies to me by the looks of it.
It looks like he cannot apply for an EEA family permit either, since the website states that he must be outside the UK to apply for an EU family permit.
Any advice, please? Many thanks in advance!
Aug 31st 2015, 9:40 pm
#2
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Joined: May 2010
Location: San Diego, California
Posts: 9,652
Re: UK wife, Kiwi husband, right to remain
You have Polish and British citizenship by the sounds of it?
If so, your British citizenship supersedes your Polish citizenship, so you cannot apply for a Family permit for your husband.
He can either:
- remain on the Tier 2 and after 5 years (as long as it is not a Tier 2 intercompany visa) apply for Indefinite Leave to remain.
- apply for a spouse visa based on your being a British citizen.
If so, your British citizenship supersedes your Polish citizenship, so you cannot apply for a Family permit for your husband.
He can either:
- remain on the Tier 2 and after 5 years (as long as it is not a Tier 2 intercompany visa) apply for Indefinite Leave to remain.
- apply for a spouse visa based on your being a British citizen.
Sep 1st 2015, 6:02 pm
#3
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Joined: Sep 2014
Posts: 1,114
Re: UK wife, Kiwi husband, right to remain
Hi Everyone
I need some advice, please. I am a UK citizen. I am originally from Poland, and I hold dual citizenship. I currently live and work in the UK.
Further to the above, my husband is currently in the UK on a work visa - tier 2. We got married (one month ago) in the UK after he entered the UK on his work visa.
He wishes to apply for the right to remain in the UK, but the appropriate route to follow is unclear. Gov.UK says that he can apply to remain as the partner of a British citizen after he had been on a "partner of a settled person visa" for five years.
I need some advice, please. I am a UK citizen. I am originally from Poland, and I hold dual citizenship. I currently live and work in the UK.
Further to the above, my husband is currently in the UK on a work visa - tier 2. We got married (one month ago) in the UK after he entered the UK on his work visa.
He wishes to apply for the right to remain in the UK, but the appropriate route to follow is unclear. Gov.UK says that he can apply to remain as the partner of a British citizen after he had been on a "partner of a settled person visa" for five years.
https://www.gov.uk/renounce-british-...ality/overview
Another point - does your husband got any UK born grandparents? If he has, he may be able to get an UK ancestry visa which will allow him to stay in the UK -
https://www.gov.uk/ancestry-visa/overview
Last edited by HKG3; Sep 1st 2015 at 6:05 pm.
Sep 1st 2015, 8:58 pm
#4
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: UK wife, Kiwi husband, right to remain
Another point - does your husband got any UK born grandparents? If he has, he may be able to get an UK ancestry visa which will allow him to stay in the UK -
https://www.gov.uk/ancestry-visa/overview
https://www.gov.uk/ancestry-visa/overview
