United Kingdom: Information on whether a Mexican national who married a British national ten years ago has the right to reside in Britain if neither of them has lived in the United Kingdom since their marriage
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1994 |
| Citation / Document Symbol | GBR17745.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, United Kingdom: Information on whether a Mexican national who married a British national ten years ago has the right to reside in Britain if neither of them has lived in the United Kingdom since their marriage, 1 July 1994, GBR17745.E, available at: https://www.refworld.org/docid/3ae6abdf1f.html [accessed 3 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information was provided by a representative of the High Commission for the United Kingdom in Ottawa during a 21 June 1994 telephone conversation.
A Mexican national who married a British national ten years ago is eligible for settlement in Britain even though the couple has not lived in Britain since their marriage. To apply for settlement in Britain, the husband or wife has to fill in a form for settlement at his or her nearest British High Commission. He or she must submit his or her Mexican passport, the marriage certificate, two passport-sized photographs and his spouse's British passport. The applicant must also satisfy the immigration officer that he or she will be able to maintain him or herself without recourse to public funds. The processing fee for an entry certificate is approximatively $190 Cdn. On receipt of the documents, his or her application will be considered. The applicant may be asked to attend an interview.
A man or woman entering Britain in these circumstances will be admitted for an initial period of 12 months. During this period, he or she can apply for work and have access to the national housing service.
During a second telephone interview on 4 July 1994, the representative added that at the end of the initial 12-months stay in Britain, the husband or wife of the British citizen can apply to the Home Office, Immigration and Nationality Department, to have the time restriction removed, provided the marriage has not been terminated. The representative was unable to comment further on other requirements for this procedure.
According to Immigration into Britain published by the Foreign and Commonwealth Office, the husband or wife of a British citizen may apply for naturalization after three years' residence in Britain (20). The other requirement for naturalization is to be of good character (ibid.).
For further information on immigration rules and procedures for spouses of British nationals, please refer to the attached documents and to Response to Information Request GBR17627.E of 9 June 1994.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
High Commission for the United Kingdom of Great Britain and Northern Ireland, Ottawa. 4 July 1994. Telephone interview with representative.
. 21 June 1994. Telephone interview with representative.
United Kingdom of Great Britain and Northern Ireland. No. 62/90. Immigration Into Britain: Notes on the Regulations and Procedures. London: Foreign and Commonwealth Office, p. 20. (Document sent by the High Commission for the United Kingdom of Great Britain and Northern Ireland to the DIRB in Ottawa)
Attachments
The Daily Telegraph [London]. 8 July 1992. Terence Shaw. "Curb on Fake Marriages Put at Risk by EC Ruling." (NEXIS)
United Kingdom of Great Britain and Norther Ireland. No. 62/90. Immigration Into Britain: Notes on the Regulations and Procedures. London: Foreign and Commonwealth Office, pp. 1-20. (Document sent from the High Commission for the United Kingdom of Great Britain and Northern Ireland to the DIRB in Ottawa)
. September 1993. Residence in Britain. London: Foreign and Commonwealth Office, pp. 1-28. (Document sent from the High Commission for the United Kingdom of Great Britain and Northern Ireland to the DIRB in Ottawa)
The Herald [Glasgow]. 7 October 1993. Stuart Trotter. "Foreign 'Scroungers' to Feel the Pinch in Benefit Cuts." (NEXIS)
High Commission for the United Kingdom of Great Britain and Northern Ireland, Ottawa. June 1994. Letter sent to the DIRB in Ottawa.
Immigration and Nationality Law and Practice [London]. July 1992. Vol. 6, No. 3. Jim Gillepsie. "Maintenance and Accommodation and the Immigration Rules: Recent Developments," pp. 97-100.
