Married 4+ years ILR

Naiad · Post by **Naiad** » Tue Jun 20, 2006 11:46 am

I seem to remember something about if a couple has been married for more than 4 years outside the UK the non-UK partner can apply for ILR immediately, rather than waiting the 2years.

Can anyone confirm this and point to the place on UKVisas or the Home Office website where I can show him?

Thanks in advance!

badboyz2006 · Post by **badboyz2006** » Tue Jun 20, 2006 2:04 pm

(b) the applicant is married or the civil partner of to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

Naiad · Post by **Naiad** » Tue Jun 20, 2006 2:11 pm

Excellent, thanks for that! Where did you find that excerpt so I can read up on it fully?

Londoh · Post by **Londoh** » Thu Aug 17, 2006 12:20 am

Apologies for hijacking the thread but its the same question:
I'm British, and my Indonesian wife has just been granted a spouse settlement visa that I believe says something like 'Indefinite leave to enter' (Sorry to be a bit vague but she is still in jakarta and I havent seen it yet)

We have been married for 7 years and (except for the last few months) have lived together for the whole of that time in Indonesia.

I have also read that since we have been married for more than 4 years and living outside the UK she can apply for ILR immediately.

Can anybody pls confirm if this is correct or urban myth?

google finds badboyz quote on www.ukvisas.gov.uk but I cant make head or tale of the meaning or understand practically what we need to do now.

thanks for any input

L.

Smit · Post by **Smit** » Thu Aug 17, 2006 9:46 am

Londoh,

Your wife already has already been granted permanent residence in the UK, if issued inside the UK, it is called indefinite leave to remain (ILR) and if issued outside the UK, it is called indefnite leave to enter (ILE). In practice, it is one and the same thing.

Your wife can naturalise as a British Citizen after residing in the UK for 3 years.

Smit

Londoh · Post by **Londoh** » Thu Aug 17, 2006 10:36 am

Hi Smit

thanks for reply - and with good news!

I didnt realise it was the same thing.

I understand her Visa is valid for 2 years so what do we need to do about that aspect? Presumably there must be an extension process at that time?

Are there other practical issues I should be aware of?

Is there some place you can point me to where the process / pitfalls are explained?

Thanks again for info

L.

olisun · Post by **olisun** » Thu Aug 17, 2006 10:48 am

Londoh wrote:Hi Smit

I understand her Visa is valid for 2 years so what do we need to do about that aspect?

Is ILR/ILE issued only for 2 yrs??? I think you are getting confused with the spouse visa..

Please check the visa details in the passport once again

Londoh · Post by **Londoh** » Thu Aug 17, 2006 1:43 pm

Confused? - probably. But at least I have a scan of it now...

At the top it says 'Entry Clearance'
It has a photo and various bits of data:
Number of Entries: Mult
Type: Visa Settlement Wife
Valid From: 11/08/2006
Valid Until: 10/09/2008 (which is actually 2 years 1 month)
Obsrv. [sic] Indefinite leave to enter the UK

beams of light anyone please?

Thanks

L.

Londoh · Post by **Londoh** » Thu Aug 17, 2006 1:59 pm

I just found this pic...
http://www.ind.homeoffice.gov.uk/6353/1 ... mitile.jpg

It doesnt look like that.

British · Post by **British** » Thu Aug 17, 2006 2:05 pm

Londoh,

I think the 2 year period in your wife's visa (if that is an ILE?) says that she has 2 years and 1 month within which she must enter the UK with her ILE, otherwise it will expire in 2008.

But i am not sure though - why would they give a random 2 years and 1 month ILE??

My wife's visa type (not an ILE though!) says "Wife visa - spouse of [spouse name]" and is issued for exactly 2 years.

Londoh · Post by **Londoh** » Thu Aug 17, 2006 2:34 pm

Hi British

Having seen a scan of her visa, it isnt the same as the ILE in the link above.

and as above it says:
Type: Visa Settlement Wife

search google for that phrase in quotes and it returns just 1 result - and that is in Spanish :~{ so I dont know what visa she got. But hopefully they'll let her thru next week.

Q: Does your wife's visa say 'Indefinite leave to enter the UK ' ?

and whats an 'Obsvr.' ? Observer ? Observation ?

L.

Smit · Post by **Smit** » Thu Aug 17, 2006 2:40 pm

Londoh,

No reason to panic, your wife has been granted indefinite leave to enter the UK which will automatically be deemed as indefinite leave to remain in the UK once she passes through UK borders.

Just make sure that your wife enters the UK before 10/09/2008 so that the entry clearance does not become invalid. Once she has done this, she will have no time limit on her stay in the UK and she will be able to seek work and rely on public funds. After 3 years in the UK, she can apply for naturalisation as a British Citizen.

She will be at risk of losing her indefinite leave if she stays out of the UK for more than 2 years at a time.

Smit

Christophe · Post by **Christophe** » Thu Aug 17, 2006 2:54 pm

Londoh wrote:I just found this pic...
http://www.ind.homeoffice.gov.uk/6353/1 ... mitile.jpg

It doesnt look like that.

The visa in that picture was issued in the UK (so gives indefinite leave to remain, and there is no time limit on the holder's first entry to the UK since the holder - our good friend Mr Given Family(!) - is already in the country).

Your wife's visa was issued outside the UK (so gives indefinite leave to enter, plus an expiry date for the entry visa - which translates as meaning that she will be able to remain here indefinitely once she has entered the UK, provided that she enters the UK before the expiry date on the visa).

When you think about it, not at all transparent in meaning, I must say!

Londoh wrote:and whats an 'Obsvr.' ? Observer ? Observation ?

Observation.

Londoh · Post by **Londoh** » Thu Aug 17, 2006 3:37 pm

OK people - thank you for info and reassurance

I lived in Indo for 8 years and do occasionally panic about immigration issues!

To conclude the original point of the thread can some knowledgable person confirm that:
If this is an ILE (or ILR) Visa (which I am assured it is) then ILR is granted on application for a settlement visa to married couples who have been together outside the UK for more than 4 years.

thanks again

L.

Christophe · Post by **Christophe** » Thu Aug 17, 2006 4:04 pm

Londoh wrote:To conclude the original point of the thread can some knowledgable person confirm that:
If this is an ILE (or ILR) Visa (which I am assured it is) then ILR is granted on application for a settlement visa to married couples who have been together outside the UK for more than 4 years.

Normally yes. See http://www.ind.homeoffice.gov.uk/lawand ... ules/part8, paragraphs 281 and 282.

The UK visas website (http://www.ukvisas.gov.uk) puts it more clearly, viz:

Immigration conditions upon entry to the United Kingdom
A person holding an entry clearance as a spouse/civil partner will normally be admitted to the United Kingdom for an initial period of 24 months. After satisfactory completion of this period, indefinite leave to remain may be granted. However, where an applicant has been married to a UK citizen and both have been living abroad for more than 4 years, Indefinite Leave to Enter may be granted.

The last sentence above relates to your circumstance, and the outcome it describes will be fulfilled when your wife presents her documents at passport control on arrival in the UK.

Londoh · Post by **Londoh** » Thu Aug 17, 2006 5:26 pm

well thats cleared things up then.

None of the immigration 'experts' we've spoken to advised us of this. And we didnt expect it at all so its a great surprise.

My thanks to all for your input.

We're looking forward to next week!

L.

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Married 4+ years ILR

Married 4+ years ILR