# UK citizen / wife non-EU passport holder



## Lamplighter (Jul 20, 2010)

Hi

I'm a UK citizen with a Ukrainian-national wife (UK fixed-leave to remain residency visa).

I've been offered a job requiring us to repatriate to Dubai. My employer (UK based with partner in UAE) will provide all visa administration, but I am not clear on a couple of issues as follows.

I have read information on the British Embassy in UAE website regarding sponsorship (_this site won't let me post a URL link, so I've appended it at the foot of the post_) and I assume this is relevant for us.

Two questions.

1. Timing

As I understand, my employer will obtain entry clearance for me, and on the basis of this for my wife (her visa under mine). However, these notes seem to suggest that I need residency stamped in my visa before her application process can start. Could someone please clarify whether we can, in fact, both arrive together?

2. Eligibility

This is, in fact, my bigger concern. The British Embassy guidance contains the following note:


> _(*) We have been informed by the UAE authorities that a British man can only sponsor a wife who does not hold a British or EU passport if his wife has the right to live in the UK i.e. if the wife holds an indefinite leave to remain visa in her passport._


My wife and I married in February 2009 in the UK, and she obtained UK residency as my spouse in March 2009. However, the UK authorities issue only two-year fixed leave to remain in the first instance, and require a follow-up application for indefinite leave to remain. She therefore only becomes eligible to apply for indefinite leave to remain in Feb/Mar 2011, not before.
Does anyone have any advice or experience in this regard?

Many thanks in advance
Lamp

PS a quick search of the board didn't throw up any answers, but if these are recurrent questions then my apologies - please could you post a link!! Thanks





> _From British Embassy in UAE website (Sponsorship)
> 
> A male expatriate can sponsor certain family members provided that their salary is not less than AED10,000 or AED8000 plus accommodation. The prospective sponsor must have their residence visa in their passport prior to starting the residence procedures for their family members. A male expatriate can sponsor the following family members:
> 
> ...


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## Andy Capp (Oct 5, 2008)

I used to live in Chester-le-Street....

(For those that don't know, ClS is around 10 minutes down the A167 fro Durham...)


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## Elphaba (Jan 24, 2008)

In brief. If you have UAE residency it should not be a problem for you to sponsor your legally married wife. Get your employer's PRO to confirm that they will have no issues processing her residency. Also the company should sort out a visa for her on arrival. 

If your wife is no longer UK resident I think she will have an issue obtaining further leave to remain in the UK. As far as I am aware if she is non-resident for more than six months she has to start the process all over again.
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## Lamplighter (Jul 20, 2010)

Thanks both.

Elphaba -

Just to clarify, I have nothing yet (_I'm about to sign an employment contract but of course I want to check and be sure of my wife's eligibilty to join me first!_). Employer will therefore need to organise UAE entry and residency for both me and my wife.

Question re timing was whether this can be done so that we can arrive together, or whether I have to arrive first and undergo various procedures.

Re her residency status, she is currently a UK resident, but this is fixed leave to remain and expires in March 2011, immediately prior to which we need to apply for indefinite leave to remain. The UK authorities now always issue FLR (usu. 2 years) prior to ILR in an attempt to counter sham marriages.

Andy Capp - 

As you know/knew the area, I'm actually in a village just outside Houghton-Le-Spring!


Thanks for any/all advice - much appreciated!! I'll undoubtedly have other questions, some of a more social nature, in due course!

Lamp


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## Andy Capp (Oct 5, 2008)

Lamplighter said:


> Thanks both.
> 
> Andy Capp -
> 
> As you know/knew the area, I'm actually in a village just outside Houghton-Le-Spring!


My father lives in Shiney Row....


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## Elphaba (Jan 24, 2008)

Lamplighter said:


> Thanks both.
> 
> Elphaba -
> 
> ...


Whether she has a FLR or ILR, I think you will find that it is invalidated if she is out of the UK for more than six months.
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## Lamplighter (Jul 20, 2010)

Update:
I have spoken with an officer from the UAE Embassy in London Visa section this morning, and he advised me that my wife's UK residency status was immaterial in consideration of their issuing her with a UAE residence visa as my spouse.

It appears that the correct procedure is for me to obtain necessary residency myself, then to "invite" her (via my employer) to join me. He advised that this should take 4/5 weeks, then she would follow. He also advised me to get translated and authenticated copies of documents whilst still in the UK.

This being the case, I guess the recent thread "_The definitive guide to getting a visa for your wife in Dubai_" by NickisinDubai contains solid information. If there is any other guide to the process worth a look, I'd be grateful if someone could point this out.

As a further question, do I _*have*_ to be in UAE whilst my residency visa is being considered/processed? Can I start (or even complete) this process whilst still in the UK such that my wife and I can travel out together?

Thanks in Advance!
Lamp


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## Elphaba (Jan 24, 2008)

Lamplighter said:


> Update:
> I have spoken with an officer from the UAE Embassy in London Visa section this morning, and he advised me that my wife's UK residency status was immaterial in consideration of their issuing her with a UAE residence visa as my spouse. Correct - no one said it was relevant. What I told you was that her UK residency status could be affected if she is not living there.
> 
> It appears that the correct procedure is for me to obtain necessary residency myself, then to "invite" her (via my employer) to join me. He advised that this should take 4/5 weeks, then she would follow. He also advised me to get translated and authenticated copies of documents whilst still in the UK.
> ...


See responses above.
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## Lamplighter (Jul 20, 2010)

Thanks Elphaba

My employer has an agent that deals with the visa process, however they have advised me (re my wife's application) that "_unfortunately the UAE Embassy will not deal with this enquiry via our agency so you will have to deal direct with them_". They have confirmed, however, that they will provide whatever invitations are necessary and support the process, and furthermore my employment contract states that the assignment is offered on "_married status_".

Regarding the relevance of her UK residency in all of this, it *did* appear to be relevant to me from the wording of the advice on the British Embassy in UAE website regarding sponsorship, quoted in my original post ("_we have been advised_" etc.). I am somewhat put at ease having spoken to the UAE Embassy this morning.

I do however take on board your comment about how her residency in the UAE might affect her UK residency, and therefore her progression towards British citizenship ultimately. This is a downside of our relocating to UAE for this assignment, but in today's job market (esp. in the UK) this can't be avoided!

Lamp


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## Lamplighter (Jul 20, 2010)

I have a further question!!

I have again phoned the UAE Embassy in London this morning. I asked them whether my wife could accompany me initially on a tourist visa whilst I am obtaining my residency (_my wife is a Ukrainian national_).

The officer advised me that this wouldn't be a problem so long as the hotel in which we were staying provided a booking confirmation to support the tourist visa. When I told him that I might be staying courtesy of my employing company, he advised that it still wouldn't be a problem but that I would need to obtain their invitation.

Can anyone advise exactly what is meant by this?!

- would the Company provide an invitation letter for her to visit as a tourist, confirming that accommodation would be provided by them?
- does my wife then have to obtain a visa sticker in her passport in the UK prior to travelling, or is this just on arrival at Dubai airport?
- would she later need to leave and re-enter Dubai once I have my residency in order to obtain her residency as my wife?

As I am a newbie to all of this, I'm somewhat frustrated by the assumption of the Embassy that the process is clear and simple!!

Grateful for some pointers, either specific or general!

Thanks, Lamp


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## Elphaba (Jan 24, 2008)

As I said before, speak to the company PRO to get this sorted. This is what these guys are there for. They can sort out an entry visa on her on arrival, which she collects at the airport before going through passport control.
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