Married, living abroad for 7 years - Spouse, ILR, RoA visas

[Ash4uk]

Hi Folks,

I've learned SO MUCH today from your website! I've been reading around the board here for about an hour. Had questions I couldn't find an answer for yet

I'm British, my wife is Chinese. We've lived together (spent zero time living apart), married, for 7 years in China. She is about to apply for a Settlement visa. We will return to the UK with our child who is 5 years old and a British passport holder.

If my wife is successful, then after returning to the UK... a few questions:

1) Can she apply for her ILR immediately after taking the Life in the UK test there?

If successful applying for her ILR then...

2) Specifically since we have been living together overseas for more than 4 years together as a married couple, how long will she have to wait until she can submit her application for naturalization? i.e. is it within 28 days of 1 year, or a shorter period of time?

She may also want to visit her family and spend some time working on the family business in China after having got her ILR visa. So...

3) Is there a limit to the amount of time she can be outside of the UK during the period of time she has her ILR visa and will it affect her chance of success applying for naturalization?


And just one more question, a really interesting one that even the VFS in China haven't been able to give me a clear answer on!

Our kid was born in China. He has a Chinese birth certificate. He also as a British birth certificate and a 5 year British passport, applied for before he was 3 weeks old. That passport expired three months ago.

We visited the UK in 2006 for a family holiday. He was unable to use his British passport since the Chinese authorities would not allow him to leave China on it (no Chinese visa stuck inside it)... after all, he was born here. So to visit my family in the UK we had to apply for a Chinese passport for him and apply for a UK Visiting visa. This all worked out fine.

Now he needs to return to the UK with us to start school. He is school age and the Autumn term starts really soon. We already understand he can't use his British passport to leave China, expired or not.

The VFS here isn't sure whether we should apply for another Visiting visa for him, or a Right of Abode visa for him. The Visiting visa costs 80pounds. The RoA visa costs 300pounds.

So, last question, and I understand it is my personal decision ultimately, and that this is not legal advice...

4) Which visa should I be applying for, and, the icing on the cake, why?! (this is like a really tough Trivial Pursuit question!)

I'd be really grateful for your help with these challenging questions.

Thanks a lot!!!

Sincerely,
Ash

[vinny]

1. Yes, provided her spouse visa is endorsed with "KOL REQ". If there is time, then consider alternative.
2. Minimum 3 years in UK required for naturalisation.
3. Yes. See also 2.
4. See also Nationality issues.

[Ash4uk]

Hi Vinny,

Thank you for replying so quickly and for all the links.

Q1. The alternative as you suggest would be worth considering, only a return flight to the UK is nearing 800pounds, which is bordering on the price of the visa.

Q2. Thanks for clarifying. I'm sure the requirement has changed over the last few years. Didn't it used to be 1 year? Or am I imagining things?

Q3. Understand. So she would use her Chinese passport with an ILR visa stuck inside it to travel to other countries, for example to do business or meet relatives? Will having a valid ILR visa mean she can visit other countries without need to request further permission? i.e. if she was visiting the USA, how does the USA treat an ILR visa in her Chinese passport? Would she need to apply for a United States Business or Visiting visa separately or would the ILR visa be enough in itself?

Side note: I just saw the ILR application fee. I didn't realise it was that much!

Q4. Thanks. Things are so much clearer now. Actually I'm amazed the VFS here in Beijing didn't let me know anything about the Relinquishing a UK passport option, even after spending a good deal of time consulting with various colleagues. Anyway, this way certainly seems like the most logical way forwards.
I'm booking a meeting on the http://ukinchina.fco.gov.uk/ website.

Much appreciated.

Ash

[vinny]

2. You may be thinking of the probation period of spouses for ILR. It used to be one year. 

3. An ILR or UK spouse visa does not normally replace visa requirements for other countries. Check with the countries concerned. She would need  to apply for a US B1/B2 visa.

4. Is it necessary to relinquish an expired UK passport?

[Ash4uk]

Further to my earlier follow-up, I am wondering...

I am full-time, permanently employed in China by a non-EU company, and I wish to continue working for my employer until, or instead of, finding employment of a similar status in the UK.

As the partner/spouse of the intended ILR applicant, what effect will it have on the chances of their application succeeding if I was working overseas for less than 180 days per year both a) before we submit the completed ILR application form, and b) afterwards, during the 3 year ILR status period right up to the time when an application for naturalisation can be submitted?

Section 7.4 of Form SET(M) says:

Is your partner working in the UK? Yes ____ No ____
If so, what is his/her pay each month after income tax and other deductions? £ _____

I could explain on Page 13 of the application form however.

Since there is no question:

"If not, what is his/her pay each month after income tax and other deductions? £ _____ " ...

then would 'overseas full-time employment' be seen as a blight on the application?


Income Tax: I spoke with HMRC on the telephone last week and they said I should either a) complete and submit tax Form SA1 by post to inform them of my employment status for tax purposes, or b) file an end-of-year self-assessment so they can determine whether or not I should be paying any UK income tax? They also said they will use discretion in some cases to determine where the resident family home is (in our case, the UK), and balance that against the amount of time spent working, and therefore living, in a non-EU country (China) in order to calculate tax liability.

Incidentally, the UK and China do have a dual-taxation agreement in place, so "double taxation" would not be an issue.

In any case, the concern is how my employment status, and location, will have a bearing on the success of my wife's ILR visa application. Perhaps my income tax status, or time spent away from the family residence will have a bearing.

(In today's 'challenging' UK employment market though, I'm concerned that if I resigned from my current employment, it may be difficult to find something similar in the UK. My current job provides a salary I believe should meet or exceed the maintenance/regular salary/no recourse to public funds requirements.)

Can anyone lend any support on this topic?
Thank you.

[Ash4uk]

2. You may be thinking of the probation period of spouses for ILR. It used to be one year.

3. An ILR or UK spouse visa does not normally replace visa requirements for other countries. Check with the countries concerned. She would need to apply for a US B1/B2 visa.

4. Is it necessary to relinquish an expired UK passport?

2. I most likely was.

3. Thanks for that. I also read that to visit many European countries, a Schengen visa would be required, or, if visiting together with an EU national who is also the spouse to bring marriage certificate and birth certificates etc. I think it was you who posted that!?

4. I'm not sure, but when I meet the folks at the FCO in China early next week I will certainly ask. I am thinking to apply for a Right of Abode visa for my son. I am told it this will be sufficient; then, once in the UK, I can apply for a replacement UK passport for the currently expired one. I'll clarify and if anything new crops up, I'll post here.

Thank you very much Vinny!

Just trying to find out about my current employment status now, and how it might affect my wife's ILR application...

[Ash4uk]

I am full-time, permanently employed in China by a non-EU company, and I wish to continue working for my employer until, or instead of, finding employment of a similar status in the UK.

As the partner/spouse of the intended ILR applicant, what effect will it have on the chances of their application succeeding if I was working overseas for less than 180 days per year both a) before we submit the completed ILR application form, and b) afterwards, during the 3 year ILR status period right up to the time when an application for naturalisation can be submitted?

Section 7.4 of Form SET(M) says:

Is your partner working in the UK? Yes ____ No ____
If so, what is his/her pay each month after income tax and other deductions? £ _____

I could explain on Page 13 of the application form however.

Since there is no question:

"If not, what is his/her pay each month after income tax and other deductions? £ _____ " ...

then would 'overseas full-time employment' be seen as a blight on the application?


Income Tax: I spoke with HMRC on the telephone last week and they said I should either a) complete and submit tax Form SA1 by post to inform them of my employment status for tax purposes, or b) file an end-of-year self-assessment so they can determine whether or not I should be paying any UK income tax? They also said they will use discretion in some cases to determine where the resident family home is (in our case, the UK), and balance that against the amount of time spent working, and therefore living, in a non-EU country (China) in order to calculate tax liability.

Incidentally, the UK and China do have a dual-taxation agreement in place, so "double taxation" would not be an issue.

In any case, the concern is how my employment status, and location, will have a bearing on the success of my wife's ILR visa application. Perhaps my income tax status, or time spent away from the family residence will have a bearing.

(In today's 'challenging' UK employment market though, I'm concerned that if I resigned from my current employment, it may be difficult to find something similar in the UK. My current job provides a salary I believe should meet or exceed the maintenance/regular salary/no recourse to public funds requirements.)

Can anyone lend any support on this topic?
Thank you.

Can anyone help with the above question at all?