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ILR - Dependent Spouse

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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bokishai
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Posts: 39
Joined: Fri Jan 04, 2019 11:22 am
Mood:
India

ILR - Dependent Spouse

Post by bokishai » Tue Nov 08, 2022 2:35 pm

Hello All,

Hope you all are well.

I have a question around my wife's ILR visa.
I am a BRITISH NATIONAL and my wife is currently on "SPOUSE/PARTNER LEAVE TO REMAIN" (1 year left before she applies for ILR)

As per the GOV.UK website, below is the mention:
LINK: https://www.gov.uk/indefinite-leave-to- ... amily-visa
You’ll be told which documents you need to provide when you apply. You’ll need to:
give proof of your income and where you live - if you’re on the 5 or 2 year route
prove you’ve lived in the UK with your partner since you got your last visa
prove that your relationship with your partner is genuine
prove you meet the English language requirements and have passed the Life in the UK Test

Now, my question was more around the proof of living together and it was because I have an offer for a job to move to US and it is a really good offer.
However, given this constraint I am not sure if I could move out alone and later, once my wife gets the ILR she could move with me?

The thing I am not sure is as my wife would be living alone and as I would not be in the UK, can I provide anything in writing about my situation or else I don't have any choice but stay in the UK unless the ILR is issued?

I would appreciate any pointers or guidance on the above.

Thanking you, in anticipation of your response.

Regards,
SS

User avatar
Ticktack
Respected Guru
Posts: 2423
Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: ILR - Dependent Spouse

Post by Ticktack » Tue Nov 08, 2022 3:23 pm

bokishai wrote:
Tue Nov 08, 2022 2:35 pm
Hello All,

Hope you all are well.

I have a question around my wife's ILR visa.
I am a BRITISH NATIONAL and my wife is currently on "SPOUSE/PARTNER LEAVE TO REMAIN" (1 year left before she applies for ILR)

As per the GOV.UK website, below is the mention:
LINK: https://www.gov.uk/indefinite-leave-to- ... amily-visa
You’ll be told which documents you need to provide when you apply. You’ll need to:
give proof of your income and where you live - if you’re on the 5 or 2 year route
prove you’ve lived in the UK with your partner since you got your last visa
prove that your relationship with your partner is genuine
prove you meet the English language requirements and have passed the Life in the UK Test

Now, my question was more around the proof of living together and it was because I have an offer for a job to move to US and it is a really good offer.
However, given this constraint I am not sure if I could move out alone and later, once my wife gets the ILR she could move with me?

The thing I am not sure is as my wife would be living alone and as I would not be in the UK, can I provide anything in writing about my situation or else I don't have any choice but stay in the UK unless the ILR is issued?

I would appreciate any pointers or guidance on the above.

Thanking you, in anticipation of your response.

Regards,
SS
Ideal situation would be; wait 1 year. Wife applies for ILR and same day she gets ILR she applies for her naturalisation. Swears Oath, get passport and you both sail into the sunset.

Next option is, you go to the USA, she stays here. Wife applies for ILR and same day she gets ILR she applies for her naturalisation. Swears Oath, get passport and you both sail into the sunset.


Another option, You both go, she comes back and applies for ILR. She doesn't then meet the naturalisation requirement of 90 days (last qualifying year) because she's been gone for a year. She leaves again with ILR and might loose it when she's been away for more than 2 years.

Guess the choice is actually between wife ILR/BC or Job/USD.
No sin in failing, you just have to try and try again!

bokishai
Newbie
Posts: 39
Joined: Fri Jan 04, 2019 11:22 am
Mood:
India

Re: ILR - Dependent Spouse

Post by bokishai » Tue Nov 08, 2022 4:13 pm

Many thanks for your response.

However, my question was about the living together proof documentation with regards to this option:
"Next option is, you go to the USA, she stays here. Wife applies for ILR and same day she gets ILR she applies for her naturalisation. Swears Oath, get passport and you both sail into the sunset."

Technically, if I take the job offer I would technically not be in the UK.
So, from a document proof how could this work because if she lives alone she would need a proof and this is where I am not sure how it would work as though we are husband/wife and we are still together just that I move abroad for sometime the documentation proof would cause any issue?

Thanks for your help in advance.

Regards,
SS

User avatar
Ticktack
Respected Guru
Posts: 2423
Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: ILR - Dependent Spouse

Post by Ticktack » Tue Nov 08, 2022 4:41 pm

bokishai wrote:
Tue Nov 08, 2022 4:13 pm
Many thanks for your response.

However, my question was about the living together proof documentation with regards to this option:
"Next option is, you go to the USA, she stays here. Wife applies for ILR and same day she gets ILR she applies for her naturalisation. Swears Oath, get passport and you both sail into the sunset."

Technically, if I take the job offer I would technically not be in the UK.
So, from a document proof how could this work because if she lives alone she would need a proof and this is where I am not sure how it would work as though we are husband/wife and we are still together just that I move abroad for sometime the documentation proof would cause any issue?

Thanks for your help in advance.

Regards,
SS
If she's works here and meets the salary requirement, your residency might never even come into question. Your bank statement still shows you live here, utility bills and all.
You're free to move about as a Brit. You might just need to turn up in the UK maybe every 5 months, just to fulfil all righteousness.
No sin in failing, you just have to try and try again!

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