spouse visa

[badmaash]

if somebody is on a spouse visa and they both husband and wife go on a holiday for 9 months will that effect the application in anyway?

[Wanderer]

if somebody is on a spouse visa and they both husband and wife go on a holiday for 9 months will that effect the application in anyway?

Hmm, I'm not sure but it doesn't sound like a good idea, may give the impression that the couple don't intend to settle in the UK.

Nine months is a long holiday, not many job kept open that long, so they could have financial issues come ILR time maybe?

Unless they are totally rich of course!

[eliasuk4u]

It will effect your ILR application.

[badmaash]

what do they look at in reagrds to financial issues ?
as the scenario is they been out of uk since dec 6th 06 and plan to return in oct 20th 2007

also the husband is sick so he will have to be claiming benefits like income support and DLA as he has to see the psychitrist and also has a record for mental health


as they were away they spent from december till may 01 in north africa then from may 01st till oct 20th god willingly they will be in far east so i need some help on this application
it was more of a holiday in north africa along holiday and then they went to far east to give birth to the baby
they have just had a baby so they will be applying for rob for him i mean im sure this is proof that the marriage is not bogus


the visa runs out sept 2008
when they return they dont plan to leave the uk and the uk is their main home for sure

and they are living with his parents as part of his family
why does long abscence affect application
as somones home can be the uk but he could just be having a long holiday

[avjones]

If they have had a baby, and the husband is on benefits, how are they going to meet the financial test for ILR?

[badmaash]

what is the financial test for ILR

and she will not be claiming for public funds and what they have is enough to live on because they do not pay for any rent or bills as that is paid by his parents whose house they live in

[IMMIGRATION LAWYER]

Hello,

It certainly will. The rule is not to exceed 180 day in 2 years in general and no way than 180 days in 1 years/per stay outside of the UK.

If a dependent spouse of a UK citizen reisdes for more then 6 months in a single year/trip, such a leave constitutes a break in the residence and hence ILR application is likely to be refused but FLR application may succeed.

[badmaash]

what is FLR APPLIATION ?

[Wanderer]

what is FLR APPLIATION ?

Please, use the search function before I lose the will to live.

[badmaash]

wanderer calm down there

also where can i find information on financial test for ILR as i cant seem to find anything on it does anyone have the links ?

[Wanderer]

wanderer calm down there

also where can i find information on financial test for ILR as i cant seem to find anything on it does anyone have the links ?

Go to the BIA website and download form SET(M) or SET(O) whichever applies and also the guidance notes. The guidance notes I'm sure ask u to enclose payslips, bank statements etc. If these show you living on the bread line then the HO might take the view you can't afford for your spouse to settle here.

Now, I know thoretically being on benefits will not preclude ILR I think if you search around it's a tough prospect. However if the person in question got FLR if nothings changed ILR should be ok.

However, it's the 9 month hols that's the fly in the ointment, how can people of benefit's afford a nine month holiday? That's not me talking, it's the caseworker.

[SYH]

Hello,

It certainly will. The rule is not to exceed 180 day in 2 years in general and no way than 180 days in 1 years/per stay outside of the UK.

If a dependent spouse of a UK citizen reisdes for more then 6 months in a single year/trip, such a leave constitutes a break in the residence and hence ILR application is likely to be refused but FLR application may succeed.

Why is it 180 days for 2 years spouse and 180 days 5 year work permit holder

[Wanderer]

Hello,

It certainly will. The rule is not to exceed 180 day in 2 years in general and no way than 180 days in 1 years/per stay outside of the UK.

If a dependent spouse of a UK citizen reisdes for more then 6 months in a single year/trip, such a leave constitutes a break in the residence and hence ILR application is likely to be refused but FLR application may succeed.

Why is it 180 days for 2 years spouse and 180 days 5 year work permit holder

Just thinking aloud here, my Guru Father but could it be cos Spouse visa is definately a visa leading to settlement wheras a WP isn't necessarily so?

So a spouse would be expected to make the UK their home and live her, and WP holder may still have their ties to home?

I think that is a brilliant piece of analysis by me.

[SYH]

Hello,

It certainly will. The rule is not to exceed 180 day in 2 years in general and no way than 180 days in 1 years/per stay outside of the UK.

If a dependent spouse of a UK citizen reisdes for more then 6 months in a single year/trip, such a leave constitutes a break in the residence and hence ILR application is likely to be refused but FLR application may succeed.

Why is it 180 days for 2 years spouse and 180 days 5 year work permit holder

Just thinking aloud here, my Guru Father but could it be cos Spouse visa is definately a visa leading to settlement wheras a WP isn't necessarily so?

So a spouse would be expected to make the UK their home and live her, and WP holder may still have their ties to home?

I think that is a brilliant piece of analysis by me.

It doesnt work for me that you have the same amount of absences whether it is 2 years or 5 years

[busubi]

Again I don't think there is a set amount of days making the answer to this question clear cut.

To obtain ILR via Spouse Visa, you need to complete 2 years living in the UK. Obviously people take holidays and so on but It will be up to the case worker whether they feel this was a holiday or not. Other information will be crucial to there decision on this. As you posted on another thread about no job and claiming benefits, being absent for nine months as well maybe pushing your luck, but hay that's just my opinion, let hope the caseworker has a different, more relaxed view.

[badmaash]

yes even after looking through sources i can see no time limit on time outside abroad , as a person can be on holiday for a longtime people holiday 3-4 years a time

as for wanderer saying in regards to benefits for know the capital rule is lifted you can have upto 16k in the bank and still claim


so imagine you have 16k in the bank and a house where you pay no rent at all and have 200 pounds a week of beneifts coming in for you family i mean how can ever the BIA refuse

and as many people are sick and unable to work then that would be discriminitive

like a disabled person how would he work so denying his wife ILR would be unfair and im sure that cant happen

[JAJ]

duplicate thread ... locked