Gaps in 2 year residence. Apply for ILR or not?

[jamesbrown]

Good day to everyone,

This is a little complicated and your advice on this would be appreciated. I am a citizen of country A and Country B. I got married in April 2005 to my wife who is a UK citizen. I applied for my settlement visa and got the 2 year temporary one in April 2006. One year after getting married. I came to the UK 20 days after being granted the visa on Country A's passport and tried to find a job. I am a finance professional and my services are paid top rate in the US so instead of wasting more time time I returned a month later in May 2006 to the US and worked as a consultant for a few months. I left the UK on country B's passport. I returned to the UK in August 2006 on Country B's passport for more interviews and spent a month there. Nothing worked out the way I wanted to so I returned to the US and have been in and out of the UK twice for 2 weeks each time using Country Bs passport to enter and exit the country. I have finally been offered a position that I like and the starting date for that is May 1 2007 during which I plan on returning to the UK for good. Now when my 2 years are up in April 2008 I dont know whether to apply for ILR or an extension to make up the time I have been in and out.

My 2 year temporary settlement visa on passport A only shows only one entry stamp to the UK and no exit stamps or entry stamps to other countries. The whole passport only has one stamp.

My intentions are not to defraud the system at all, I have honestly tried looking for jobs and been in and out of the UK just for that purpose on my own expense for hotels and airfares each time. This in itself cost me thousands of pounds. My wife has stayed in the UK with me going in and out and moved to the US in November of last year after my last dissapointing interview. I really like the UK and want this immigration hassle over to end sooner then later.

My question is for those that have experience in this matter that is it worth taking the risk and applying for ILR hoping the immigration databases will not catch my entry and exit given that I have 2 different passports for 2 different countries. And honest opinion is all that I am looking for for I feel that all my efforts have been centered around my intention of moving to the UK permanetly.

Thanks a lot in advance.

James

[John]

Now when my 2 years are up in April 2008 I dont know whether to apply for ILR or an extension to make up the time I have been in and out.

As I see it those possibilities are there, as is a third possibility. The extra possibility is .... just let the current 2-year spouse visa expire! And then when you are ready to do so, months or even years later, apply for a further 2-year spouse visa to permit you to live and work in the UK.

Based upon what you have posted I don't see any possibility of you successfully applying for ILR. Would a FLR application be successful? Only if you are then living and working back in the UK.

[Smit]

James,

Your strategy is risky and if you are caught out, you can kiss your chances of living in the UK goodbye.

Remember that James will make the ILR application and James (irrespective of nationalities, passports etc. that James may hold) has not lived in the UK for the required 2 year period.

I am sure your passport is scanned every time you have flown into the UK and the Home Office systems may pick up the same name, date of birth etc. despite different passports being used. On the other hand, they may not be picked up, and you may get away with it.

Do you want to take the risk? This is your personal choice-weigh up the pros and cons!

Smit