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a few FLR->ILR queries ?

Family member & Ancestry immigration; don't post other immigration categories, please!
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dan_N
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Posts: 28
Joined: Fri Jul 13, 2007 11:17 am

a few FLR->ILR queries ?

Post by dan_N » Wed Jun 24, 2009 7:45 pm

hi,

so glad this board is still going strong - such a great resource!!



I have a few queries regarding my wife's UK visa.

My wife and I have been living together in the UK for almost two years now, so she is due to go through the process for ILR (i am a UK citizen).

We were planning to stay in the UK, get the ILR, then do some traveling once my wife completed her current employment contract. However, my wife's contract has ended early, and we're now left weighing up our options.

Our ideal plan would be to go to stay with my grandparents in Italy for a few months (she would be on a visitor visa), then head out to the USA for three months (her country of origin) to celebrate xmas with her family.

We are not sure whether we will settle for the time being in the UK or the USA, once it comes to time to acquire visas.



This raises a few questions which i hope you guys can help me with!

1. It seems you have to be currently resident in the UK for an ILR - is this correct?

2. If my wife leaves the country and tries to return after her FLR expires, will she be able to enter on a visitor visa?

3. Will we be able to apply directly for ILR if we leave the country, or will we have to go through the FLR process again and wait another two years? Will the FLR application go smoothly in this case?

4. If it is really important / drastically easier to wait it out in the UK until the time for the application, will we actually be able to get an ILR if my wife doesn't have a job? I am just starting to earn money from freelance web design so my finances would appear less than secure!

5. Are there any other options that i haven't considered?



Hope you can help!


:)

vinny
Moderator
Posts: 33218
Joined: Tue Sep 25, 2007 8:58 pm

Re: a few FLR->ILR queries ?

Post by vinny » Thu Jun 25, 2009 12:21 am

dan_N wrote:1. It seems you have to be currently resident in the UK for an ILR - is this correct?
dan_N wrote:2. If my wife leaves the country and tries to return after her FLR expires, will she be able to enter on a visitor visa?
Yes. However, visitors will not be able to apply for SET(M) and will have to depart the UK before the expiry of their leave as a visitor. This will break her leave as a spouse.
dan_N wrote:3. Will we be able to apply directly for ILR if we leave the country, or will we have to go through the FLR process again and wait another two years? Will the FLR application go smoothly in this case?
No. If her leave expires while she was outside the UK, then she may apply for another spouse visa. However, see also Spouse Visa to ILR.
dan_N wrote:4. If it is really important / drastically easier to wait it out in the UK until the time for the application, will we actually be able to get an ILR if my wife doesn't have a job? I am just starting to earn money from freelance web design so my finances would appear less than secure!
May be better wait it out in the UK until the time for the application. See also Annex F - Family members - Maintenance and accommodation.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

dan_N
Newly Registered
Posts: 28
Joined: Fri Jul 13, 2007 11:17 am

Post by dan_N » Thu Jun 25, 2009 1:44 am

vinny - i'm staggered by your knowledge and philanthropism! thankyou so much!!

reading through some of the stuff you've linked in your post i see that we don't necessarily need our own house (i.e. we can be living in a shared accomodation if there is sufficient room, we may have to live with my parents temporarily while we make the application for financial reasons)

is that a safe assumption?


also, i seem to remember you telling me in another thread that my spouse and i are clear to spend a couple of months out of the UK, provided we are together while we're doing it and state our intention to settle in the UK, as this paragraph seems to confirm:



can you confirm that's the case?



4.5. Further guidance

There is no specific requirement in the Rules that the entire probationary period must be
spent in the United Kingdom. For example, where an applicant has spent a limited
period outside of the United Kingdom in connection with his employment, this should not
count against him. However, if he has spent the majority of the period overseas, there
may be reason to doubt that all the requirements of the Rules have been met. Each
case must be judged on its merits, taking into account reasons for travel, length of
absences and whether the applicant and sponsor travelled and lived together during the
time spent outside the United Kingdom. These factors will need to be considered
against the requirements of the Rules.


thanks again!

vinny
Moderator
Posts: 33218
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Jun 26, 2009 11:54 pm

dan_N wrote:reading through some of the stuff you've linked in your post i see that we don't necessarily need our own house (i.e. we can be living in a shared accomodation if there is sufficient room, we may have to live with my parents temporarily while we make the application for financial reasons)

is that a safe assumption?
See also 3rd Party Support & Accommodation
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

dan_N
Newly Registered
Posts: 28
Joined: Fri Jul 13, 2007 11:17 am

Post by dan_N » Sat Jun 27, 2009 6:03 pm

that's great vinny, thanks for your help. :D

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