ILR application based on marriage

[siv]

thanks for the reply John.

We shouldn't have wasted our time/money and got the FLR before we left the UK then.... stupid of us I guess....

on the subject of our next application... I understand why you say don't bother applying for spouse visa (I assume this is the same as the FLR 2 years she has now) until we plan to go back to the UK

...but could we apply directly for ILR on the basis of having documentary evidence of having lived together for 2.5 years in the UK and (for example) 2.5 years abroad = 5 years total

or do we actually need to wait until we have lived together for 4 years abroad? (seems as though the policy was designed without considering people who come and go in chunks)

By the way... can ILR actually be applied for from abroad then...or would she need to come in on a 'spouse visa' and then make an immediate application for ILR?

Really appreciate your help with this.

At least it seems to be about to save me the cost of two return trips to the UK in April and the 1000-odd quid it costs for a same day ILR application

[John]

By the way... can ILR actually be applied for from abroad

Well ILR cannot, but given that you mention the 4-year rule, if that rule is met, then the spouse visa could be issued as ILE .... indefinite leave to enter. The comparison between ILR and ILE? Well apart from where they are issued, in the UK or outside the UK, really no difference, as soon as the person has actually used their ILE visa to enter the UK.

But that 4-year rule? It really does say about 4 years outside the UK. Might you be able to comply with that before the spouse visa is applied for? If you are, note something else ..... the Life in the UK Citizenship test! In order to get ILE issued there needs to be 4 years married, outside the UK and the Life in the UK Citizenship test needs to have been passed. But that test can only be taken in the UK, but in principle nothing to stop the test being taken on a holiday visit to the UK. But in view of flight costs, suggest you don't plan to make the journey just because of the test, but if for example you plan to spend Christmas etc in the UK anyway, no harm in trying to get the citizenship test pass while your wife is here.

If the 4-year point is passed, but the citizenship test has not been passed, point out when making the visa application that the "KOL REQ" endorsement is due on the visa. So whilst the spouse visa will still be issued for 27 months, with that endorsement, as soon as the citizenship test has been passed, ILR can be applied for in the UK, without needing to wait until she has been in the UK on the spouse visa for nearly 2 years.

[siv]

Nice one John! I get it all...

Does the Life in the UK test have no 'expiry date'? (that would be handy)

Say we get the test done, live outside the uk for 4 years, get the ILE and go and live in the UK - when can we get her citizenship? Does she need to be there another 3 years for that?

And finally ILR = ILE once inside - does that include paying 'home fees' for education courses do you know?

Good man..... I think those questions will cover it all and set us on the right path... in fact, already having her FLR based visa would have some benefit after all as at least we won't have to go and get one if we go for a holiday and get the test done before May

Feeling better,

Siv

[John]

Does the Life in the UK test have no 'expiry date'? (that would be handy)

Under current legislation, no expiry date.

Say we get the test done, live outside the uk for 4 years, get the ILE and go and live in the UK - when can we get her citizenship? Does she need to be there another 3 years for that?

New legislation is coming in from July 2011, but the UK Government is currently consulting upon the exact details.

Under current legislation she will need to have been physically in the UK exactly 3 years before UKBA receive the Naturalisation application ..... also not out of the UK more than 270 days in the 3 year period .... nor out of the UK for more than 90 days in the last year, up to the application date. The new legislation will add further conditions.

So it is unlikely that coming in with ILE will bring forward the Naturalisation application date.

And finally ILR = ILE once inside

I think I would prefer .... ILE becomes ILR once inside.

does that include paying 'home fees' for education courses do you know?

No, a separate matter. There is the need to be free of immigration restrictions, and to have been living in the UK for at least 3 years before Home Fees would apply.

in fact, already having her FLR based visa would have some benefit after all as at least we won't have to go and get one if we go for a holiday and get the test done before May

She has a settlement-class visa, but is not settled in the UK. And furthermore is would not be intending to settle .... just visit. Don't be surprised if the Immigration Officer at the UK port of entry queries this.

[siv]

well, John, let me just say at this point that I hope you get a great deal of personal satisfaction making the lives of many many people all around the world so much more stress-free! (either that or a nice big fat pay-cheque)

Good man!

Siv