Malaysian wife - settlement visa

[just_the_two_of_us]

I am a British citizen, born and brought up here and my wife is a Malaysian citizen. She was a student here in the UK and we met in university. We got married in the UK, she came in on a marriage visit visa, with no problems and we subsequently settled in Malaysia for 2 years. Now, I am planning to return permanently and my wife is expecting our first child. We have decided to have the baby in Malaysia so that he/she will have a Malaysian passport and as advised by others, a right of abode pass in the passport.

My questions are:

1) I have been told that the settlement visa for my wife, applied locally, will be granted for 2 years, afterwhich she will have to apply for Indefinate Leave to Remain in the UK. Whilst on these visas and residing in the UK, how often and for how long can she come back to Malaysia for holidays? Is there a time restriction so that she does not violate residency status in the UK?

2) Due to property inheritance laws in Malaysia, my wife wants to remain a Malaysian citizen. This means she will continue on the ILR visa permanently after she obtains it. What is the fee for the visa in the UK?

Thanks for any help in advance!

[John]

Using your numbering :-

1. There is no specific time limit but it needs to be clear that the person is living in the UK, and not merely using their settlement-class spouse visa as a glorified visitor visa. That is, every time she re-enters the UK it needs to be to resume living here .... not just another visit. Near the end of the 2-year spouse visa an application needs to be made in the UK for ILR.
2. The current cost of applying for ILR in the UK is £335 by post or £500 in person at a PEO .... Public Enquiry Office. However the Government has been consulting on altering the fees, both inside and outside the UK, so do not be at all surprised if new fee levels apply from April. Fees in 2 years' time? Anyone's guess.

Before applying for ILR your wife will need to pass the Citizenship Test.

I think it is the case that Malaysia does not allow dual nationality and accordingly until that changes your wife must not apply to be a British Citizen. She can retain the ILR indefinitely, but be aware that if she ever stays outside the UK for a continuous period of at least 2 years then she will need to seek permission from her nearest British Mission to be allowed to "resume residence".

[JAJ]

I think it is the case that Malaysia does not allow dual nationality and accordingly until that changes your wife must not apply to be a British Citizen.

Not unless she is willing to lose her Malaysian citizenship. Lots of Malaysians overseas don't really care about losing their Malaysian citizenship if they can become British/Australian etc.

Malaysian law may never change. However the restrictions on dual citizenship are not absolute - for example, someone automatically Malaysian/other can usually keep Malaysian citizenship provided that a foreign passport is not obtained.

Quite a few British/Malaysian dual citizens from Penang/Malacca who got British citizenship automatically in 1983 (having lived for 5+ years in the UK) use ROA stamps in their Malaysian passports.

She can retain the ILR indefinitely, but be aware that if she ever stays outside the UK for a continuous period of at least 2 years then she will need to seek permission from her nearest British Mission to be allowed to "resume residence".

She will also need to pay everytime ILR needs to be transferred to a new passport. And Malaysian passports are only valid for 5 years, as far as I know.

Even if one complies with the 2 year rule, ILR can still be lost if the person is not living in the UK.