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Q: Indefinite leave to remain British regulations

Hypothetical situation now laugh

 

You come to China and meet and marry a Chinese lady, apply for a British Visa for her and leave China for the UK.

 

While in the UK your wife goes to school improves her English and applies, and is granted 'indefinite leave to remain' (equivalent of US green card, I think).

 

A year or two later her Chinese passport runs out and she applies for and is given a new one in London. You don't transfer the indefinite leave to remain stamp as that would cost £150, but keep the old passport on advice from the UK Immigration service.

 

A couple of years later your wife applies for and is granted British Citizenship and hence a UK passport.

 

A year or two later again you both decide to return to China to live, you apply for two tourist visas for your UK passports the UK passports are stamped when you arrive in China.

 

Once in China it becomes clear that being British is not a realistic option for your wife due to mortgage and business ownership considerations, so you 'forget' about your wife's British passport and switch back to the Chinese passport and ID card.

 

Now, IF you were to leave China, your wife's Chinese passport doesn't have an entry stamp and her British passport doesn't have a valid visa for China. If you leave can you leave on your new Chinese passport and indicate the old indefinite leave to remain in the old passport, is that indefinite leave to remain still valid (8 years old) or was it canceled when your wife became British?

 

Basically, if you have to how do you get your wife out of the country? Apply for a UK tourist visa in a new Chinese passport?

 

Of course all this is purely hypothetical.

8 years 5 weeks ago in  Visa & Legalities - Other cities

 
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After reading that, my head hurts...

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8 years 5 weeks ago
 
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British Citizenship is just british citizen same as you,your wife as broken the law and is a british citizen

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8 years 5 weeks ago
 
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I did or my wife did,once your wife renounced chinese citezenship,by accepting British natiomality,she is in law the same as me or you asking for favouritsm in bussines and things

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8 years 5 weeks ago
 
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After going through all that and deciding to move back to China...

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8 years 5 weeks ago
 
Posts: 72

Governor

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My head also hurts, but you both entered China on  British passports with Chinese visas, so just use the British passports to exit China. Also, you both now have British passports, so you both are British citizens which permit legal entry to the UK, so she does not need the old passport with the "indefinite leave to remain" stamp to re-enter the UK.. With British Citizenship, your wife  do not need to show the old passport with the "indefinite leave to remain" stamp; she is now as British as someone born in the UK. Also, your wife lost Chinese citizenship when she got British citizenship but whether the Chinese Government will know is a different story; China do not allow dual citizenship. Hope this helps and no one now needs Tylenol......

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8 years 5 weeks ago
 
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Ok thanks, I was slightly worried about when / if she leaves, if she does so on her British passport it won't have a legal Chinese visa in it and therefore she may be denied exit.

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8 years 5 weeks ago
 
Posts: 2418

Emperor

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Of course, hypothetically speaking, she could use her Chinese passport to get entry into Hong Kong, which, if I recall correctly, allows British citizens to stay without a visa for 6 months, I think.  She could travel from there to the UK on her British passport.

 

However, this situation comes with many possible problems.  

1) Her Chinese visa to HK is only good for a limited time so she would need to return before it expires.

2) Depending on how she entered China last (Chinese or UK passport) there could be a mismatch in passport entry/exit stamps.

3) There is also the problem that her Chinese visa may have already been flagged as invalid in the Chinese immigration system.

 

All in all, it is probably better to just do things the legal way.  Perhaps she can legally re-patriotize back to China.

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8 years 5 weeks ago
 
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Having gone through the process of helping my wife to get her indefinite leave to stay visa about four years ago I have a couple of points to raise. Firstly the ILR visa is rendered invalid if she is out of the UK for more than two years. Secondly if your  wife applies for UK citizenship the UK authorities will automatically notify the Chinese embassy that she is now a UK citizen and at that point her Chinese citizenship and passport are revoked as China does not recognise dual citizenship. In our case I have my UK passport and my wife has her Chinese passport with a UK ILR visa. We go back to the UK each year and so the visa regulations are met regarding the two year limit and when we are here there is no problem as she kept her Chinese nationality. If you are planning marrying a Chinese lady and spending time between the two countries I would suggest this is probably the best way to do it.

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8 years 5 weeks ago
 
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