Hello.

I am a 31 years old man and I am a doctor by profession. I am British citizen (by birth), but I have lived outside UK all my life. I am married to a non-UK citizen and have been in this relationship for 4 years and I have a son.

I am now planning to return to UK with my wife and child. I understand from immigration rules that I first need to have a job in UK and be able to support my family before I can bring them here. My question is that for how long would I have to work in UK before I become eligible to apply for my wife's visa?

I have also read that since I have been married for 4 years, my wife can immediately get ILR. However, she has never been to UK so she cannot fulfill the requirement of English language and "life in UK" test. In this case, will she be given the "spouse visa" with 2 year probationary period?

Thank you.

Hello.

I am a 31 years old man and I am a doctor by profession. I am British citizen (by birth), but I have lived outside UK all my life. I am married to a non-UK citizen and have been in this relationship for 4 years and I have a son.

I am now planning to return to UK with my wife and child. I understand from immigration rules that I first need to have a job in UK and be able to support my family before I can bring them here. My question is that for how long would I have to work in UK before I become eligible to apply for my wife's visa?

I have also read that since I have been married for 4 years, my wife can immediately get ILR. However, she has never been to UK so she cannot fulfill the requirement of English language and "life in UK" test. In this case, will she be given the "spouse visa" with 2 year probationary period?

Thank you.

There's a difference being a British Citizen or a British Nationals Overseas!

I am a 31 years old man and I am a doctor by profession. I am British citizen (by birth), but I have lived outside UK all my life. I am married to a non-UK citizen and have been in this relationship for 4 years and I have a son.

Do you have a UK passport? Does your son?

You will need that to prove citizenship.

More information is required please.

"British by birth" means born in the UK with at least one parent Brit. Assuming that the OP has correctly stated his status and it says "British Citizen" in his passport, the answers to his questions are:

If he can show that he's got a job lined up with prospective income sufficient to support and accommodate his family, he needn't delay applying for settlement for his wife.

She can apply for ILR, but without the Life in the UK test, she will be granted 27 months initially. As soon as she has passed the LitUK test, she can then apply for ILR without waiting for 2 years.

He doesn't mention applying for his son, who presumably already has a Brit passport?

I would have thought his son already holds a British passport as you said. Without the KOL requirement he cannot gain ILR again as you have already mentioned, if he is a doctor he wont struggle for work in the UK.

Thank you all for your replies.

I was born in UK but my parents are not British. My passport says that I am "British Citizen". A few months after I was born, my parents left UK and since then I have been living abroad (but I have visited UK a couple of times to meet my friends etc.)

I haven't applied for my son's British Passport yet. I read the passport rules and from what I have understood, he can be "British by Descent". Is that correct?

Or would he be British National overseas?

Also, my Passport says it is Type P. What does that mean? Does it have any significance?

Thanks again everyone!

You are a British citizen by birth, so your son is, as you say, British "by descent". The difference between you is that if/when he has offspring born outside the UK, he could not automatically transmit his nationality to them. But in all other respects he is fully British, with Right of Abode in the UK.

I think the "P" just signifies that the identity document is a passport. Mine is type "P" as well, as I think are all full passports of whatever nationality.

Just to add that as well as showing your employment prospects once in the UK, any savings you may have can also be used to satisfy the maintenance requirements.

See Maintenance and accommodation

and SET3 Spouses