Return to UK with spouse or before spouse?

[archipelago]

I am a British citizen living in Venezuela for 4 years with my wife, (3 years of which as a married couple). We plan to move to the UK this year and are currently getting the documents prepared.

Would this entitle my wife to apple for ILE, or is the 4 year rule only as a married couple so she should apply for a Settlement Visa? I am close to having an offer of employment confirmed and we will be living at parents at the beginning (will include contract of employment, letter from employer, land registry doc, parents mortgage statements, letter from parents authorising we can stay there, photos of rooms, etc.)

Would an ILE mean we have to prove proof of residence together in Venezuela? The apartment and bills are in her name. Would I need to get the local mayors office to provide a document stating we live there together if going for the ILE? I am aware she would need to take the Life in UK Test on arrival to get ILR.

My bank account in the UK has almost no money in it, should I get my parents to send the statements out to me anyway? I wouldn't have pay slips as my job would start when arrive back in the country.

Anybody else been in a similar situation, I am sure there are plenty of you! I am not sure whether to return for 3 months or so and then she applies or we apply from here and return together, hoping that the offer of my employment will suffice.

[vinny]

She should not get ILE if she hasn't also satisfied KOL. It's possible for her to get "KOL REQ", if they have discretion on combining the unmarried and spouse rules. Proof of co-habitation probably required.

3rd party support is acceptable.

[Casa]

You can request an ILE (KOL required) visa and hope that the ECO uses discretion in your favour. Strictly following the regulations you would need to have been married for 4 years and living outside of the UK during this time. If they reject the application for ILE they will issue a 27 month spouse visa, assuming all other conditions are met.
Your wife will need to pass the new A1 English test in Venezuela before submitting the application. This is in addition to the Life in the UK test for ILE/ILR which as you know can only be taken in the UK.

[Greenie]

I think you should actively argue that they should give her the KOL REQ endorsement and consider the the time you spent living together as a couple before you married to make up the 4 years.

The rules are worded irrationally and if they are taken literally it means that a couple who lived together for 4 years but were never married can qualify for ILE or for the KOL REQ endorsement but a couple who have lived together for 20 years but then marry for a year before applying don't qualify for ILE/KOL REQ endorsement!

[Casa]

This has come up previously Greenie where a couple (not on the forum) were refused ILE due to the 4 years being made up with part of the time as partners and the remainder as a married couple.
It's yet another of the UKBA regulations which isn't logical.

[Greenie]

Yes I know it has come up before but I also know cases where it has been successful and it is worth arguing.

[goldridgeg]

Good day,

I have just registered on this forum to tell everyone about my visa application experience.

I am South African, married to a British citizen for 11 years. We returned to the UK (Northern Ireland to be exact) 18 months ago.

I was issued with a Spouse Settlement Visa CP/KOL req. visa when we left Johannesburg.

I found out on the UKBA website that spouses married more than 4 years do NOT need to complete the 2 years residency, but can apply for settlement permanently once the KOL test is completed.

I filled out the SET (M) form and had a premium service appointment at the Belfast office, and had all my supporting docs.

They were extremely helpful there. However they were not aware of the situation with the CP/KOL visa, and had to call Scotland offices to find out. This visa endorsement is not very common.

After clarification, my visa was processed in about 45 minutes. They did not even need to look at all my supporting documents (bank statements etc.)

My suggestions to anyone not sure, call them to clarify as all situations are different.

Oh, and a tip for personal applications in Belfast, park at the Homebase right next door, as there is no public parking near the building.

Hope this helps others.

*Just to add the only document they wanted was my KOL test pass certificate

[Casa]

Greenie, I totally agree with you, which is why I suggested that the OP submits an application for ILE (KOL Req) in the hope that the ECO will use their discretion and issue it.

[Greenie]

Greenie, I totally agree with you, which is why I suggested that the OP submits an application for ILE (KOL Req) in the hope that the ECO will use their discretion and issue it.

If only UKBA followed our logic. I think it's a drafting error to be honest but some ECOs take things a bit too literally and don't apply any common sense

[archipelago]

Thanks for the comments guys, very interesting. It may be better to take this just one step at a time, and go for the Settlement. We could mention in the Additional Information on the online application about whether she may qualify for ILE/KOL REQ, but it won't be a major problem for us if it's only Settlement. In the year we were cohabiting before marriage, we visited the UK, and also we went to Grenada a couple of times as I could only spend 3 months at one time in Venezuela before my spouse visa was issued here, so we have immigration stamps on our passports to show we were together, photos of engagement party, birthday parties, etc.

She is doing her IELTS exam at the British Council soon, her English is very good though fortunately!

My only question now is - Is it common to suceed in the financial part of the application, if the UK citizen returning with his wife has a confirmed offer of employment with start date, etc and thus meaning UK bank statements will show very low funds, and also there will be no wage slips?

[Casa]

Firstly, I suspect Greenie will agree with me that you should apply for ILE with KOL Required. If the ECO takes the view that you don't qualify then they will issue your wife with a 27 month spouse visa.
Regarding the financial aspect of the application, I can only say that my Moroccan husband and I were in a similar situation. We applied for his spouse visa in Spain (where we were living at the time), showing written offers of employment for both of us. I believe however that just my job offer would have been sufficient. We only had £4,000 in savings (in a Spanish account) and lived temporarily with family when we first arrived.

[deland]

Hi you sent me a PM but sadly i can't send pm's back?? why i don't know? i don't use this site anymore, i can say that our appeal was succesful and my wife is now here in the uk, the part about funds not in the uk was totally wrong and the immigration judge overuled all their refusal points, it seems to me that alot of these embassies employ some outright nasty people,I hope you have success with your visa and i think with the amount of money you have there should be no problem, Goodluck!!

[Sofimood]

Hello, I wonder if anybody can offer some advice.

I am a british citizen living in the United States for the last 4 years with my husband. He is a Pakistani national with a valid work visa for USA.

However, we are considering applying for his settlement visa. I understand the fact that the 27 month probationary period will not apply as we have been living abroad as a married coupe for 4 years.

Assuming that there are no problems and a visa is approved, how much time would he have to spend in the UK for his visa to remain valid (in other words is this something that is available to us if want to remain in the US for a few more years after his visa is issued??)

I would be grateful for any advice. Thank you

[mochyn]

Hello, I wonder if anybody can offer some advice.

I am a british citizen living in the United States for the last 4 years with my husband. He is a Pakistani national with a valid work visa for USA.

However, we are considering applying for his settlement visa. I understand the fact that the 27 month probationary period will not apply as we have been living abroad as a married coupe for 4 years.

Assuming that there are no problems and a visa is approved, how much time would he have to spend in the UK for his visa to remain valid (in other words is this something that is available to us if want to remain in the US for a few more years after his visa is issued??)

I would be grateful for any advice. Thank you

Please start new thread and not hijack somebody's elses