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Good catch.Wanderer wrote:I see an issue here as she will be effectively using a visit visa to reside, not visit.
+1Casa wrote:@noajthan I've struggled over the last few days to explain the difference between a visitor visa and spouse settlement visa. I'll leave it to you to explain 'Surinder Singh' if asked. Good luck
Prepare to be surprised! Surinder Singh route is still active. https://www.gov.uk/family-permit/surinder-singhukthesis wrote:I heard about the Surinder Singh route but when I asked if it still operated, I was told the Home Office had closed that particular "loophole." I know there was a lot in the media about it, and the government was saying then that they were going to address the issue. If it's still available, I would be a little surprised.
If she can come here without being subject to the 90 days a year rule, that's great. But because this whole immigration rule issue is so complicated, I always make it a practice of trying to check out information.
I understand if people argue that she more or less wants it all, but I am simply trying to get the information to pass on. I'm not making a judgement abnout the UK immigration rules on residency, whether they are right or wrong. She simply wants the same information.
Apart from this forum, the Government website should be your first port of call.ukthesis wrote:If she can come here without being subject to the 90 days a year rule, that's great. But because this whole immigration rule issue is so complicated, I always make it a practice of trying to check out information.
You are mixing up naturalisation requirements with ILR requirements.ukthesis wrote:I always thought that if she applied for TLR and later for ILR (settlement) the 90 days rule will apply (ie that she could not be absent over 450 days from the UK over the 5 years period).
@ukthesis perhaps you don't understand that you need to click on the underlined links in blue, as at present we just appear to be repeating information.vinny wrote:I have already given you some links.
ukthesis wrote:Apologies, I am just getting used to this technology.
So this is the situation, am I right?
She can come here initially on a joining a family member in the UK visa. Yes if you meet all the rules
Later she applies for the staying with the family member visa. There are no UK residency rules attached to these two visas. 2.5 years later - Further Leave to Remain = FLR(M). Evidence of finance and co-habitation required.
After that, if she wants to stay here longer, she applies for ultimate settlement status (TLR and later for ILR)? According to the rules you showed, at these two stages, while there are no hard and fast UK residency rules attached to them, immigration officials may query a case where the non-EEA citizen keeps returning to their home country for let's say 5 months in a year. In this situation, the rule that she must be living "permanantly" with me as my wife might be open to challenge. There is no category 'TLR. 2.5 years Limited Leave to Remain is what she applies for initially from Moldova. Further Leave to Remain after 2.5 years and ILR after 5 years.
If she specifically wants, at the end of the ILR and 5 years UK residency, to apply for UK citizenship, that 90 days rule then kicks in. Yes
Is this correct please?
Moldovan, but she can mention the dual Ukraine/Moldova nationality later in the form. Do make sure that in the visa application she submits very strong documented evidence showing reasons to return to Moldova. When an applicant has a spouse living in the UK visitor visas come under a great deal of scrutiny.ukthesis wrote:I just spoke on Skype to my wife in Moldova. This one is a very simple question but she is worried about giving them the wrong answer.
The Standard Visitor Visa online form. It asks her "Country of Nationality."
Now she was born in the Ukraine and she Ukrainian nationality. However the only passport she has is Moldovan. She also has Moldovan nationality. She she has dual Ukrainian and Moldovan nationality.
Which does she put down? Ukraine or Moldova? On the front page there is no space to write she has dual nationality. (Later in the form she can tell them that.) She can only choose one nationality on the front page of the form.
My own guess is she writes Moldova for her nationality, because she only has the Moldovan passport. And that happens to be where she now lives and it applying from. Is that your opinion?
Best.
AIUI, Ukraine does not permit dual nationality, so she'd have lost it on gaining Moldovan nationality..ukthesis wrote:I just spoke on Skype to my wife in Moldova. This one is a very simple question but she is worried about giving them the wrong answer.
The Standard Visitor Visa online form. It asks her "Country of Nationality."
Now she was born in the Ukraine and she Ukrainian nationality. However the only passport she has is Moldovan. She also has Moldovan nationality. She she has dual Ukrainian and Moldovan nationality.
Which does she put down? Ukraine or Moldova? On the front page there is no space to write she has dual nationality. (Later in the form she can tell them that.) She can only choose one nationality on the front page of the form.
My own guess is she writes Moldova for her nationality, because she only has the Moldovan passport. And that happens to be where she now lives and it applying from. Is that your opinion?
Best.
We've covered this so many times now!ukthesis wrote:I understand and as always thanks for getting the info so quickly to me. Because she has a full time job and a few other commiments in Moldova, this issue of her coming here on a visa has been trundling on since the summer.
I have explained t oher that if we need to be together here in the UK on some sort of temporary basis (ie in the case where she would need to later return to Moldova) she should initially come here by applying for the "join family living permanently in the UK Visa. How long does this last for?
Then if she still wants to remain for more time, she applies under the "applies to remain in the UK with family visa." How long can she use this for?
Then the Further Leave to Remain.
Well spotted Wanderer +1Wanderer wrote:AIUI, Ukraine does not permit dual nationality, so she'd have lost it on gaining Moldovan nationality..ukthesis wrote:I just spoke on Skype to my wife in Moldova. This one is a very simple question but she is worried about giving them the wrong answer.
The Standard Visitor Visa online form. It asks her "Country of Nationality."
Now she was born in the Ukraine and she Ukrainian nationality. However the only passport she has is Moldovan. She also has Moldovan nationality. She she has dual Ukrainian and Moldovan nationality.
Which does she put down? Ukraine or Moldova? On the front page there is no space to write she has dual nationality. (Later in the form she can tell them that.) She can only choose one nationality on the front page of the form.
My own guess is she writes Moldova for her nationality, because she only has the Moldovan passport. And that happens to be where she now lives and it applying from. Is that your opinion?
Best.