British Citizen wife and Indian Citizen spouse

[4evernp]

hi
I am a British Citizen ( got converted from British Protected Person status couple of years back) residing in India with my husband who is an Indian citizen. I have been in India since last 40 years and and married to my husband since last 30 years. I have never stayed in United Kingdom. Now I wish to settle down with my husband in UK but dont want to separate from him that is both of us want to move to the UK togather. Is this possible and how ? Please advise. Will be greatly appreciated.

[JAJ]

hi
I am a British Citizen ( got converted from British Protected Person status couple of years back) residing in India with my husband who is an Indian citizen. I have been in India since last 40 years and and married to my husband since last 30 years. I have never stayed in United Kingdom. Now I wish to settle down with my husband in UK but dont want to separate from him that is both of us want to move to the UK togather. Is this possible and how ? Please advise. Will be greatly appreciated.

start at http://www.ukvisas.gov.uk to find out about spouse visas.

[4evernp]

i just went thru that topic and my understanding is that its possible for me and my husband to both move togather to the UK if his settlement visa is approved. However experts over here and moderators could u throw some light on how to go about doing it ?

[bash_h]

Since you've been married and lived abroad for more than 4 years, your husband will qualify for ILR (permanent residency) in the UK. See the website of the BHC missions in india at http://www.ukinindia.com for more info.

[4evernp]

thanks for the response. I have read through this website and discussion board and i figure that the main 2 tests that need to be cleared are accomodation test and the financial test. I have about 10000 pounds in liquid savings and my sister and brother-in-law are ready to provide the accomodation until myself and my husband find employment and are on our feet. Moreover financial assistance from them can be also obtained as an addon. As far as the accomodation test is concerned they have a 2 bedroom house (which is 80 % paid off) and only 2 of them stay there with rest of the kids already living on their own. I have 2 kids living in the US and they can provide additional financial assistance to me if needed. The main downside on my side is both me and my husband are in their mid 50s so the ECO might be concerned on that one. Moderators and other folks your comments on my case are indeed very very valuable. Please advise further.

[John]

4evernp, it is of course up to the ECO looking at the visa application but I think that as long as what you say is documented and presented with the application, I would expect that the application will be granted.

[4evernp]

hi john
So u dont think that being aged in the mid 50s has any bearing on the outcome of the application (ofcourse ECO will not say that officially but otherwise). As a moderator do u know of anybody else who has been granted settlement visa at such an age ? moreover since we have been married four about 30 years now (more than the 4 years rule), i have read a rule on this forum, according to which my spouse can be directly granted Indefinite leave to enter !! Is that true ?

[JAJ]

hi john
So u dont think that being aged in the mid 50s has any bearing on the outcome of the application (ofcourse ECO will not say that officially but otherwise). As a moderator do u know of anybody else who has been granted settlement visa at such an age ?

This should not be a problem. Sometimes ECOs will doubt a marriage is genuine where there is a significant *difference* in age, but presumably that does not apply in your case.

moreover since we have been married four about 30 years now (more than the 4 years rule), i have read a rule on this forum, according to which my spouse can be directly granted Indefinite leave to enter !! Is that true ?

It's true. He should have permanent resident status immediately upon arrival in the UK. But he will still need to wait 3 years in the UK to become a naturalised British citizen. Indian citizenship will be lost when he becomes British although that may not be a problem. Especially with OCI (Overseas Citizenship of India) and PIO (Person of Indian Origin) concessions for former Indian citizens in India.

[4evernp]

thanks for all the prompt responses. Yes both of are of the same age with a age difference of just 1 year and so that shouldnt be a problem. Its very important to remind the ECO of the rule because i have read that they sparingly get to use this rule and so there might be an oversight !! Is that true ? How should we got about doing this then i.e. reminding the ECO so that there is not oversight !!
I have also heard about a change in some british nationality law back in 2002 affecting status of children born of british mother before 1983 ? I gave birth of a son in 1977 in India and didnt register his birth with the british mission in india. I was a holder of the passport of United Kingdom and its colonies and have lost it since then. The passport at the time of my son's birth had already expired. Is there any such change in the british nationality law affecting the status of my son ?

[John]

4evernp, the age really is not an issue!

[4evernp]

hi john
Do u know anything about the change in the law pertaining to children born of british mother before 1st jan 1983 outside of the UK.

[JAJ]

hi john
Do u know anything about the change in the law pertaining to children born of british mother before 1st jan 1983 outside of the UK.

It's true - you can read about it at http://www.ind.homeoffice.gov.uk - although if you got your British citizenship through an upgrade from British protected person then I very much doubt your son will meet the rules.