ILR - Assitance Plz

[rboon]

Hi, would appritiate if you can assit me, ive been married for 13 month now, a settlement visa was granted to my self in december 2005 it expires in december 2007. ive lived with my wife in the UK for 2 months, prior of receiving a contracting offer abroad with local UK company, where both myself and my wife been relocated to dubai lat march 2006, ive contracted with them for 6 month till september 2006, my wife gave birth in dubai for a baby boy, we had to wait for 2 month for the british embassy to process his application and obtain both british nationality and passport, my question is:

we are planning to return to the ukin the next 8 week, what are the document that i should produce in order to obtain either ILR or FLR?
all the utility bills are in my name same with the rent, as my wife was not working and under local UAE law you wont be able to have any utility bills or accomodation (rent) if you do not pocess an employment visa, however he have mail redirection from our UK address to the UAE one (bank statement for my wife). i can produce medical bill stating that my wife is living with me.
ive contacted the local authority in order to obtain proof of address that both my wife and myself are living together, thus i was not sucessfull as they do not produce such thing.

should i apply for new settlement visa from my end, or returning resident visa?

kindly advice,

[RobinLondon]

rboon, you most likely do not have a "settlement visa". What you were issued with was a "spouse visa", which is something that leads to settlement after spending two years continuously in the UK in that category. The only people offered settlement visas based on marriage (until April 2007) are those migrants who have been married for more than four years to UK citizens or ILR holders. As you have been married for only 13 months, you don't fall into that category.

Your spouse visa, which is a limited leave to remain, is valid until December 2007. When you move back to the UK from Dubai, it will still be valid, provided that your relationship with you wife is still continuing. In December 2007, however, you cannot apply for ILR as you have been out of the UK for too much time. Therefore, 28 days before the visa is due to expire, you should apply for further leave to remain (FLR). You will need to pay whatever the fee is then and provide evidence of your relationship as stated in the application.

Your FLR will likely be for another two years. However, you may apply for ILR whenever you reach the two year period of having been in the UK. Therefore, if you return to the UK on 28 February 2007, you may apply for ILR on 1 February 2009. You will have to pay a fee for this and supply evidence of your relationship as stated in the application. You will also need to have passed the Life in the UK test.

Good luck.

[JAJ]

my wife gave birth in dubai for a baby boy, we had to wait for 2 month for the british embassy to process his application and obtain both british nationality and passport,

Did you get a British style birth certificate from the Embassy for your son? If not, it is strongly recommended to obtain one.

Do be aware that your son is British by descent which may affect the status of your future grandchildren if they are also born outside the UK.

[rboon]

hi, ive asked the embassy for full british style birth certificate, they said m not eligible for it no further information was provided however, they gave me a certificate issued from the head office that he is british citizen. the matter is complicated as my wife was born in johanesburg south africa both her parents are british nationals, and she has lived in the uk for 12 years, you wont imagine the paperwork we had to produce in order for our son to obtain his nationality.

i even asked to register his birth in the UK, they refused, no further detailed were provided.

PS: what is the differnet if he is british by descent or not, other then passing on the nationality?

is this normal?

[JAJ]

hi, ive asked the embassy for full british style birth certificate, they said m not eligible for it no further information was provided however, they gave me a certificate issued from the head office that he is british citizen. the matter is complicated as my wife was born in johanesburg south africa both her parents are british nationals, and she has lived in the uk for 12 years, you wont imagine the paperwork we had to produce in order for our son to obtain his nationality.

Do you mean that your child has a Certificate of Registration as a British citizen, issued by the Home Office?

If that's not what you mean by a "certificate from head office" then please clarify further.

[rboon]

yes it is certificate of registration as british citizen, apologies for the confusion