FLR or ILR?

[sophiedb]

My Kiwi husband's two year visa runs out on 6 May 2006 and while we shouldn't have any trouble proving that our marriage is fine (plenty of docs to go with that), we're not so sure about whether he can apply for ILR just yet.

This is because he went back to Australia (where we lived prior to Blighty) for 6 months from June to December 2005. The aim was to complete a mechanical engineering diploma that would have been horrendously expensive to complete via credit transfer over here. I stayed in the UK during that period due to business commitments, but I did go over there for a 2 week visit during half-term. He returned to the UK as soon as the college confirmed he'd got enough credits (via New Zealand - shame not to visit the folks while 'in the area') and was swiftly hired by a local firm.

So.. does 6 months out of the UK make him ineligible for ILR? I rang IND before he left and they said "maybe, ask us again closer to the time", but when I try now I get the "all our lines are busy" message. Yay.

Either way I think I'd be asking here for a second opinion. We really don't want to go for ILR, get knocked back and have to pay another £335 for an FLR application..

Thanks for any advice you can give,

Soph

[John]

I would say that he should get ILR. Document the reason for the six month absence from the UK. Apply on form SET(M) and do include lots of evidence to show the two of you living at the same address.

We really don't want to go for ILR, get knocked back and have to pay another £335 for an FLR application..

I would not worry about that. If they don't think he should get ILR then they can just issue a further time-limited visa.

[sophiedb]

hi John, thanks for your reply

I managed to get through to the helpline in the end and they said exactly the same thing regards which form to use, documenting the absence and the fee. You star!

So yes, we will be inundating them with as much information as we can find and hoping for the best. The worst they can say is no, have some FLR and try again later *shrug* It's worth a shot, even if it is a pain.

[sophiedb]

Our evidence folder is filling out nicely and should be ready for submission after the long weekend *bounce* I'm even scanning everything we send, partly for our own records and also to send with the application as a CD.

We have a section dedicated to Rob's 6 month absence, covering why we felt it necessary for him to go to Australia and why I couldn't go with him, but I'm a bit worried about the phone records that show we kept in touch. The company we use for international calls does provide a detailed bill, but the account is wholly online - are IND likely to get snitty about print-outs? I also have mobile phone records showing innumerable text messages, hopefully that'll help, but not much in the way of emails because he simply didn't have time (what with full-time employment and study 3 evenings a week, plus assignments).

The other thing is that there's little proof of his address in Sydney during that time as he was lodging with some friends. There was no tenancy agreement, any bills are in their names (partly due to their own fun with immigration!) and his mobile phone was PAYG. Is this likely to be a problem? We have college transcripts and payslips, so it's pretty clear that he was actually in Sydney rather than gallivanting someplace else.

Thanks again, Sophie

[sophiedb]

Just a quick note to say that hubby's visa came through today!

ILR too, not even an FLR extension - and all within 4 weeks of the application!!

No questions were asked, no further evidence requested.. fantastic

[John]

Sophie, congratulations! Glad it all worked out!

Your husband now progressing to Naturalisation as British? Both the UK and NZ permit dual nationality. If he is going to go for naturalisation then he will of course need to pass the Citizenship Test before he can submit the application.

When will it be three years since he first arrived?

[sophiedb]

He first arrived on 7 May 2004 and yes, he'll be going for naturalisation next year. He's not looking forward to the test though - we might get hold of the book a few months early to start his revision

[John]

The Citizenship Test. This book is recommended.

Also recommended would be for your husband to aim to get the test out of the way this calendar year. That is, he should aim not to put himself under pressure as he gets towards next May. OK, if he goes not quite manage it this calendar year, and he is still studying early 2007, so be it, but best to get this out of the way sooner rather than later.

Submitting the naturalisation application using NCS highly recommended. Details on this webpage.

[British]

This success story really gives me some relief.

I (a British citizen, naturalised as one, last year) and my wife (Indian citizen with Spouse visa) were married last February in India and she came here to UK on a Spouse visa in April. She became pregnant last year and upon our common decision she went to India to deliver the baby. She flew to India in February and delivered our baby last month.

She will come back to UK with our daughter, sometime next month end.

We have email correspondence almost every day (from my work/company email id and her yahoo ID).

I also visited her twice so far and have got photographs + Video from my visit (including the baby naming function in India recently).

Apart from that, i have only been using BT direct international calls to her parent's house whenever i have been in call with her. This appears clearly in my BT bills.

Also i will be going to India and bring her and my daughter to UK in July.

I guess all these eveidence can be collected into a neat file with a cover letter explaining she had been to Indain only for safe delivery (since i alone could not help her here - no relatives or friends (locally) in the event of any emergency!)

With this in hand, she can apply for her ILR next March I guess

We have almost all of our biils/council tax/ bank accounts etc. in our names together and i can produce almost 20 biils (each from a diferent eligible organisation as per the SET (M)) each year and that too having both our names.

What do you guys think?