Spouse visa to ILR

[astraeus]

British Citizen married to Egyptian national with duel national child born in UK we've resided in Egypt since marriage June 2007 due to work commitments of husband and family commitments of careing for elderly parent.
We have property in UK we own outright and in Egypt too ..
I have not worked since I moved to Egypt June 2007
Husband has had holidays in UK on visit visa's and spouse settlement visa which will expire on 15th November we need information on how to get ILR or extend visa to settle and work in UK ..
Applied for spouse visa before the new rules came into force ..
Any help will be appreciated

[Wanderer]

British Citizen married to Egyptian national with duel national child born in UK we've resided in Egypt since marriage June 2007 due to work commitments of husband and family commitments of careing for elderly parent.
We have property in UK we own outright and in Egypt too ..
I have not worked since I moved to Egypt June 2007
Husband has had holidays in UK on visit visa's and spouse settlement visa which will expire on 15th November we need information on how to get ILR or extend visa to settle and work in UK ..
Applied for spouse visa before the new rules came into force ..
Any help will be appreciated

Have you not resided in UK whilst husband has had spouse visa at all?

[Obie]

So husband applied for a settlement visa to come and settle in the UK, but you never came to settle.

[astraeus]

No as he working in Egypt we used to go to England for holidays. His visa is on 2 years rule and i have a house in england. He passed ILETS test to apply fir the spouse visa. So does he need to do english test again to apply for the ILR ? or just the life in the UK test ?

[Casa]

If you aren't settled in the UK then your husband can't apply for ILR. Neither can an extension be applied for from outside of the UK.

[astraeus]

We all live in egypt till now but we need to move to settle in the UK before his visa expire

[Casa]

You'll have to apply for an extension FLR(M) as your husband won't have completed 2 years of residence in the UK. The case worker will want to see evidence that you intend to settle together in the UK. A1 level English will be required.

[astraeus]

His passport will expire in june 2015... so can he renew his passport before travelling to the UK ? And show the immigration his spouse visa on the old passport ??? Or he need to transfer it to the new one ?

[astraeus]

His passport will expire in june 2015... so can he renew his passport before travelling to the UK ? And show the immigration his spouse visa on the old passport ??? Or he need to transfer it to the new one ?

[Casa]

Why would he need to renew his passport if it doesn't expire until June 2015 and he intends to travel in November of this year?

[Obie]

You'll have to apply for an extension FLR(M) as your husband won't have completed 2 years of residence in the UK. The case worker will want to see evidence that you intend to settle together in the UK. A1 level English will be required.

I am not sure they are required to reside in the UK for a Complete period of 2 years, but some sort of residence is indeed required.

[Casa]

It doesn't appear that they have 'resided' at all. The OP said that the husband has visited occasionally. 'Reasonable' time spent outside of the UK is acceptable (holidays, compassionate grounds etc), but I can't see that the whole 2 years away apart from brief visits would meet the settlement criteria. It's going to obvious to the case worker that neither the applicant or his wife is earning/paying tax in the UK.

astraeus, when did your husband first enter the UK on his 2 year spouse visa?

[WR1]

If I'm reading this correctly, it sound like instead of the husband coming into the UK to join the wife to live and to work/settle in the UK after obtaining the spouse visa, the wife has instead gone to live in Egypt and join the Husband. Family life has been spent living in Egypt, with only brief visits to the UK.

If that is the case, then applying for ILR is out of the question. Best possible scenario is to move to the UK and apply for FLR and showing strong evidence that they intend to live/work and settle in the UK.

But what is confusing are the dates. A souse settlement visa would be valid for 2 years/5 years depending on whether applied for before/after July 2012. Even still, the OP has joined her husband in June 2007, that's over 7 years ago and spouse visa would have expired ages ago. There some information that missing. The OP needs to clarify what visa category the husband holds, when applied for etc...

[Casa]

I'm guessing that the wife moved to Egypt in 2007 and in 2012 (before July 9th), they applied for a 2 year spouse visa which was granted but only used to visit. As you rightly say, without confirmation it's impossible to give comprehensive advice.

Edit: Even more confusing ILETS (A1 English) wasn't a requirement under the pre-July 2012 rules,

[WR1]

I believe the requirement for English A1 for spouse visa came into effect from 29 November 2010.

[Casa]

I know, but the OP says 'He passed ILETS test to apply fir the spouse visa' which also according to her was applied for under the pre-July 2012 rules.