I'm currently in the UK via the HSMP. My FLR(IED) application was succesful and I was given a Residence Permit that is valid for 2 years. I'm getting married in October and want to sponsor my American (soon-to-be) wife, however some little bits of terminology have got me worrying.
This is from the INF4 guidance note:
and...How do I qualify to join my husband, wife or civil partner in the UK?
You must show that:
* your husband, wife or civil partner is present and settled in the UK
What does "present and settled" mean?
‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. "Present and settled" means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful.
This is from www.britainusa.com under Documentary Evidence for a Spouse Visa:
4) Spouses Passport
If your spouse is a British citizen by birth but does not hold a British passport then a full (long form) British birth certificate giving parents’ names will suffice. A British Visitor’s Passport is not sufficient.
If your spouse is entitled to right of abode in the United Kingdom but travels on a non-British passport, that passport containing the Certificate or stamp of the Right of Abode must be produced.
If your spouse is a foreign national with indefinite leave to remain in the United Kingdom, produce that passport.
If your spouse holds a British citizen passport, produce that passport.
So the questions...
Am I, an HSMP worker with my first 2 year Limited Leave to Remain Residence Permit, considered "Present and Settled"?
Do I fit in to any of those passport categories listed on BritainUsa.com (I'm not a British citizen, I don't have Right of Abode - as I understand it anyway, I don't have indefinite leave to remain and I don't hold a British passport.)?
This is a little long winded for such small questions, but I really just need some reassurance that what I'm trying to do is actually possible.
Thanks for your help,
Mike