need help on this case can anyone help me ?

[saud27]

there is a lady who came to the uk on the 2 year spouse visa (she is married to a british citizen ) on a visa issued on 08/09/06 valid till 08/09/08 .

she entered the uk on 25/09/06 and then left the uk on 07/12/06 and has since been out of the uk due to her husband taking education abroad and also she is back in her home country due to childbirth

is there a chance of this application being accpeted for indefinate leave ?

if not then what does the person do at the end of the visa ?

also as mentioned above that her visa expires on 08/09/06 but her passport (brazilian) expires on the 12/05/08 so how would the entry clearance sticker be transfered to the new passport ?

and is there a charge for this

how is this process gone about being completed

i wait for replies
only someone certain who knows his stuff reply please

pure facts and no specualtion

[sakura]

there is a lady who came to the uk on the 2 year spouse visa (she is married to a british citizen ) on a visa issued on 08/09/06 valid till 08/09/08 .

she entered the uk on 25/09/06 and then left the uk on 07/12/06 and has since been out of the uk due to her husband taking education abroad and also she is back in her home country due to childbirth

is there a chance of this application being accpeted for indefinate leave ?

if not then what does the person do at the end of the visa ?

also as mentioned above that her visa expires on 08/09/06 but her passport (brazilian) expires on the 12/05/08 so how would the entry clearance sticker be transfered to the new passport ?

and is there a charge for this

how is this process gone about being completed

i wait for replies
only someone certain who knows his stuff reply please

pure facts and no specualtion

Uh huh...cos buffoons lurk around here!

If her visa was issued on 08/09/06 then it expires on 08/09/08.

When does she/do they plan on returning to the UK? Are they returning tomorrow, next month, in 2008?

[Wanderer]

only someone certain who knows his stuff reply please

pure facts and no specualtion

Pay for a Solicitor then.

Some people...

[saud27]

sorry guys was not meaning to be offensive at all so im sorry if i offended anyone

she will be planning to retuen by this late september, also as i mentioned if at the end of the 2 year visa there is no chance for indefinate leave then it would not be sensible to apply for IND as it costs 750 pounds which would be alot of money to lose

so what do you think i should advise in this case
to the person ?


i wait your information

[sakura]

sorry guys was not meaning to be offensive at all so im sorry if i offended anyone

she will be planning to retuen by this late september, also as i mentioned if at the end of the 2 year visa there is no chance for indefinate leave then it would not be sensible to apply for IND as it costs 750 pounds which would be alot of money to lose

so what do you think i should advise in this case
to the person ?


i wait your information

I wasn't offended at all! I was joking about the "buffoon" thing anyway!

Maybe a senior advisor can let you know about ILR. It is indeed a costly endeavour so it's best to get it right.
She would have been out the UK for 9 months in total then.

[saud27]

yes she would have alos she plans to stay out further then that if that wont effect her application she has no plans to ever apply for british passport due to her country not allowing her to have dual nationality ?

also i have a questian in regards to public funds

which benefits are classed as public funds ?

why all the price hikes 750 seems to be alot for procesing or is it just a deterent to put people off ?

i wait ure reply

[tekaweni]

Hey c'mon, anyone can use google.....

http://www.ind.homeoffice.gov.uk/applyi ... ublicfunds

[saud27]

thanks was just a bit lazy as i have those in bookmarks in my notebook , but today im using somebody elses

i just read a psot on here of somebody who was awarded IND wiht a long absence

where do i find the requirements for indefinate leave

anyone got the link ?

[Dawie]

there is a lady who came to the uk on the 2 year spouse visa (she is married to a british citizen ) on a visa issued on 08/09/06 valid till 08/09/08 .

she entered the uk on 25/09/06 and then left the uk on 07/12/06 and has since been out of the uk due to her husband taking education abroad and also she is back in her home country due to childbirth

is there a chance of this application being accpeted for indefinate leave ?

if not then what does the person do at the end of the visa ?

also as mentioned above that her visa expires on 08/09/06 but her passport (brazilian) expires on the 12/05/08 so how would the entry clearance sticker be transfered to the new passport ?

and is there a charge for this

how is this process gone about being completed

i wait for replies
only someone certain who knows his stuff reply please

pure facts and no specualtion

Your friend has absolutely zero chance of successfully applying for ILR. There are numerous cases mentioned in this forum of people who have been denied ILR after 2 years on a spouse visa for having much less absences than your friend.

It's been established in this forum that someone on a 2 year spouse visa can only safely be out of the UK for 28 days total in the ENTIRE 2 year period before they jeopardise their chances for ILR. The Home Office is very strict on people with spouse visas and does not tolerate them leaving the UK for long periods of time. YOU HAVE TO LIVE IN THE UK if you want to qualify for ILR. You can't get a spouse visa, live here for a few months, then leave and come back just before the 2 years is up and expect to get ILR.

The only option is for your friend to return here with her husband and apply for a new spouse visa once her old one is expired and MAKE SURE she lives in the UK.

[saud27]

another query ?
is that her passport will expire next may , but her visa expires in next september , can the new spouse visa be added to the expired passport ?

[Dawie]

another query ?
is that her passport will expire next may , but her visa expires in next september , can the new spouse visa be added to the expired passport ?

No, a new visa will only be placed in a valid passport. She will have to obtain a new passport before applying for the new visa if her current one is expired.

[saud27]

another question ?

if she returns say in the next few months and then stays a year in the uk on her old visa , then applies for a new spouse visa (which is valid for 2 years) and stays in the uk and does not leave

that would mean she has stayed 2 years can she then apply for ILR ?

half way through the second visa ?

i wait your answer dawie

[VictoriaS]

Your friend has absolutely zero chance of successfully applying for ILR. There are numerous cases mentioned in this forum of people who have been denied ILR after 2 years on a spouse visa for having much less absences than your friend.

It's been established in this forum that someone on a 2 year spouse visa can only safely be out of the UK for 28 days total in the ENTIRE 2 year period before they jeopardise their chances for ILR.

I am not sure how this has been 'established', but I am afraid that I don't believe this to be the case.

In order to get ILR after 2 years as a spouse, the applicant has to prove that they have been living with their spouse and that the UK is their main place of residence.

If the lady had gone back home for six months to have her child, or if the couple has been out of the UK for as much as a year to do a course or for work reasons, then a good case can be made for ILR.

The key questions here are:

a) when is she coming back?
b) how long is she now going to stay in the UK?
c) has she been with her husband all this time and can this be proven?

Victoria

[Dawie]

Victoria, I'll leave it up to you to search for the relevant posts, but over the last few months there have been many individuals posting on this board who have had their applications for ILR after 2 years on a spouse visa denied for excessive absences outside the UK.

This includes cases of women going back to their home countries to give birth to their children. The posters have reported that they were advised by caseworkers at the Home Office that their total absences for the entire 2 year period should not exceed 28 days.

Obviously this is significantly different from the absence rules for ILR on work-related visas.

[VictoriaS]

I have no doubt that this has been happening - I am certainly not disputing the word of any posters. However, it does seem unlawful to me, and I am sure this does not happen as a matter of course. At least I hope not!

Is it happening with postal applications or just in-person applications?

Victoria

[VictoriaS]

Just done a search, and can't find anything. If this has happened I'm deeply concerned and would like to take it further.

Victoris

[Docterror]

From what I recall from the past few months, the only posters/wives who were not able to get the ILR due to large periods of time spend outside the UK were 'British' and 'limey' of which British's wife was later granted ILR with a postal application and limey's wife was hardly ever in the UK.