1) It's a relatively straightforward situation if your wife and children already have British passports. Assuming your wife is over 21 years of age then you can enter the UK as her spouse. There are some requirements you will need to fulfil, such as intending on continuing the relationship and being able to support yourselves financially. These are detailed, along with other information, on the UKBA website.

As you would be applying from outside the UK, before you travel here, you must obtain permission to enter the UK (known as 'entry clearance'). You can get this from the British diplomatic post in your country of residence and it will take the form of a visa or an entry clearance certificate.

If your application is successful then you are given leave to enter for two years. Assuming you are still together towards the end of these two years you can apply for Indefinite Leave to Remain (ILR). Once you have been granted ILR and have been in the UK for three years you can choose to apply for British citizenship. The requirements are similar to the requirements for ILR. You should be aware that your absences from the UK must be limited to 90 days a year during these qualifying periods.

Note that you will have to take the Life in the UK Test in order to get ILR/citizenship and meet the new English language requirements for partners.

You will also have to pay a non-refundable fee to apply for ILR (and another one later if you naturalise as a British citizen) and provide certain documents as specified on the UK Border Agency website: Form SET (M) and guidance notes.

Finally, there is also the following instruction on the UK Visa website: "If you and your husband, wife or civil partner have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see relevant section of this guidance for more information)."

This would mean that you are granted ILR on entry, although there doesn't seem to be any information about how to get this on the site. I would recommend asking your local British diplomatic office about this.

2) Education is free and compulsory for children aged 5-16 in the UK. This means that will be eligible for education in the UK. When you know where you are going to be living in the UK you should contact the local education authority to make arrangements for their education.

I hope this helps
George
www.lifeintheuk.net

Dear George,

Thank you for your detailed reply. I really appreciate it, but as you mentioned that
"I must obtain permission to enter the UK (known as 'entry clearance), can there be any objections raised from the visa issuing authorities because we are already married and living together for our last 20 years of marriage and as a British citizen's spouse, she has the right to take her husband back to her country.

Just wanted to clear this ambiguity.

Will appreciate if you can clear this doubt.

Thanks,

It is very much the opposite in this case actually. Most of the objections that the UKBA would have are to do with detecting sham marriages and cases where people are not intending on carrying on the relationship. Their prime concern in this case is to stop people abusing the system.

After 20 years of marriage and two children, however, there should be no doubt as to your intentions! Indeed, as you have been together for over four years then you may be able to apply for indefinite leave to enter (ILE) before you come to the UK. This would mean that you have no time limit on your stay in the UK and after three years you can apply for British citizenship, if you choose.

If you check the section, 'How do I qualify to join my husband, wife or civil partner in the UK? on the Visa Office website then you can see this detailed.

You would have to take the Life in the UK Test before you can be granted ILE, but you will have to take this at some point anyway if you are planning on staying in the UK permanently.

As ever, if you have any concerns I would advise contacting the UKBA, or your local British diplomatic office if you are overseas.

All the best
George
www.lifeintheuk.net

Hi George,

I just wonder if you can help to answer the query below:

I had ILR and became British Citizen in November 2010. While I had ILR, my wife came to the UK in October 2009 with 2 years Spouse visa which is valid until January 2012. Regarding the English Language skill requirement (a new law recently introduced)
- What does my wife need to do right now in terms of her visa following my citizenship. - does she need to change her visa immediately or only when her current visa ends.
- Does she need to take both English Language test and Life in the UK test prior to renewing her visa. Or Life in the UK test alone is enough under the new law.
- finally when is she granted ILR and British Citizen too?

I am sorry for the questions above. Any of your advice is much appreciated.

KM95

Hi KM95,

My understanding of this is that there aren't any changes in requirements for your wife that come about because you are now a British citizen. As long as you had ILR when in October 2009 when your wife arrived then her spouse visa still applies. As ever, if in doubt a quick call to the UKBA should remove ambiguity.

Going by UKBA advice, after two years, at the end of her probationary period, she can apply for settlement and subsequently citizenship via the spouse route. So this means after two years residence on the temporary spouse visa she can apply for ILR. Once she has been granted ILR and has three years' residence in the UK then she can apply for citizenship.

In terms of the English language requirement, it doesn't help that there were two significant changes last year. The new legislation that I think you are referring to - introduced in November 2010 - only applies to applications for entry clearance, leave to enter, leave to remain and further leave to remain. These requirements are to make sure that anyone coming to the UK as a spouse or partner has a basic level of English on arrival. This is separate from the language requirement for ILR/citizenship.

In regards to the language requirements for ILR/citizenship, as of April 2010 only if you have to take the ESOL course then you have to:

• take the course at an accredited college


• be able to demonstrate that you have progressed at least one level.

If your wife's English is at ESOL level 3 or above then passing the Life in the UK Test is enough to demonstrate her knowledge of language and life in the UK.

I hope this helps
George
www.lifeintheuk.net

Hi George

Much appreciated your prompt reply. Can I just make one more thing clear further to your reply,

Does it mean that when she apply for ILR (unless rules chage) the requirement is either ESOL or Life-in-the-UK certificate. Not both, am I right?

Thank you

Hi,

If you check the link I put in my previous post - demonstrate knowledge of language and life in the UK - then you can find the following information:

If your English skills are at or above ESOL Entry 3 level (see below), you will need to pass the 'Life in the UK test'.

If your English skills are below ESOL Entry 3 level (see below), you will need to take and pass a course in English for speakers of other languages (ESOL) which contains citizenship materials.

All the best
George
www.lifeintheuk.net

Hi

I wonder if you can help me. I have been in the UK for 11 years and have been permanent resident for 8 years. I have been married to British for 4 years and having a baby who was born in the auK.  Do I have to do Life in the UK test? Thank you

If u are permanent then you don't needvto do it.

But if are going to apply for Citizenship/British passport then yes you will be needed to do it.

 

My wife is a British citizen by birth and on her basis my two daughters have also been given british passports. We are living in our native country and she traveled from UK when she was 4 years old therefore she is a non-resident.
We have never taken any steps during these past 20 years of marriage to move to UK.
My queries are,

1. What do we have to do if we decide to move to UK and in order to get the Indefinite Leave To Remain.
2. Will my daughters be getting the same benefits for their education keeping in view that they are not residents.

I will appreciate if someone can give me the guidelines.