working overseas

[accareds]

dear all, I am not sure if this question have been raised before or not - if it had than apologies in advance.

My wife came to UK in July 2010 , she stayed there for 4 month at which time I was also in UK. Than in Nov 2010 (after 4 months) we left UK , this was purely because of my working overseas with no connection to UK company or employer.

Just to let you kow I am a BRitish citizen, what options do I have for my wife. As far as I am aware she should have stayed in UK for min of 2 years to qualify for ILR and than a year after for passport. She has been out of UK for nearly 10 months now and her visa is due to expire next year July 2012. I don't see any point making her stay in UK alone while I am abroad

Q1:
please advise, what application need to be made come July 2012, will she qualifiy for ILR?

Q2:
Also, I wasn't aware that I needed joint account etc to prove that we are living togather and even if I do anything now a year has already passed so I don't have anyway of proving that we were togather all this time. Any suggestions please

thanks in advance

[accareds]

no one !!

somone must have had same or similar experience

[jami]

Chances of getting ILR on that profile are very slim.
In case you intend to take a chance than gather evidence of living together in UK as well as abroad.

For applying ILR go to PEO Solihull/Glasgow/Belfast ( they do not take UKBA fee before considering the case). If the case worker is not convinced he will tell you so and ask you to withdraw the application.

If so than apply for FLR.

Another option is to keep living abroad and apply for Indefinite Leave to Enter after 4 years of marriage. In that case no need of FLR. But evidence of living together should be substantial.

[accareds]

Chances of getting ILR on that profile are very slim.
In case you intend to take a chance than gather evidence of living together in UK as well as abroad.

For applying ILR go to PEO Solihull/Glasgow/Belfast ( they do not take UKBA fee before considering the case). If the case worker is not convinced he will tell you so and ask you to withdraw the application.

If so than apply for FLR.

Another option is to keep living abroad and apply for Indefinite Leave to Enter after 4 years of marriage. In that case no need of FLR. But evidence of living together should be substantial.

Jami thanks for your valuable input - I am trying to get the "joint" paper work ready, POST JULY 2011 (she arived in Jul 2010). However chances are slim that I will manage to get everything in orider. I have now two questions

1. wouldn't staying out of UK is a problem , I mean doesn't the "no. of days out UK" apply on her ?

2. I never heard of the 4 years rule - any link I can follow to have a read on it

thanks for your help much appreciated

[jami]

http://www.ukvisas.gov.uk/en/howtoapply ... ementguide


"If you and your husband, wife or civil partner have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see relevant section of this guidance for more information."

Since marriage is subsisting and you are living together outside UK therefore stay in UK is not required for ILR/ILE under 4 years rule.

[Greenie]

http://www.ukvisas.gov.uk/en/howtoapply ... ementguide


"If you and your husband, wife or civil partner have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see relevant section of this guidance for more information."

Since marriage is subsisting and you are living together outside UK therefore stay in UK is not required for ILR/ILE under 4 years rule.

note they are proposing to scrap this rule as part of the family consultation.

[accareds]

JAmi thanks for your reply and input

Greenie - So what you saying ILE will no longer exist? do you know as of when they will scrap this rule and if any other options available for me..

thanks in advance

[mk357]

JAmi thanks for your reply and input

Greenie - So what you saying ILE will no longer exist? do you know as of when they will scrap this rule and if any other options available for me..

thanks in advance

ILR would exist but living abroad for 4 years and then getting ILR might be scrapped. Normally changes are brought in April every year so could be coming April or sooner no one knows.

[accareds]

JAmi thanks for your reply and input

Greenie - So what you saying ILE will no longer exist? do you know as of when they will scrap this rule and if any other options available for me..

thanks in advance

ILR would exist but living abroad for 4 years and then getting ILR might be scrapped. Normally changes are brought in April every year so could be coming April or sooner no one knows.

thanks mk357 - do you have any idea if they scrap this option, what is HO replacing it with , I mean anything under consultation

thanks

[accareds]

JAmi thanks for your reply and input

Greenie - So what you saying ILE will no longer exist? do you know as of when they will scrap this rule and if any other options available for me..

thanks in advance

ILR would exist but living abroad for 4 years and then getting ILR might be scrapped. Normally changes are brought in April every year so could be coming April or sooner no one knows.

thanks mk357 - do you have any idea if they scrap this option, what is HO replacing it with , I mean anything under consultation

thanks

hi, any further input. thanks