Changes of immigration status over several years - ILR

[sally1975]

herewith a short summary of my situation :

* Arrived in the UK December 1999 on a WHV

* Switch to Work permit status in April 2001

* Switch to Unmarried Partner Visa in August 2004 (due to imminent redundancies at work) - 2 year probation given

My partner with whom i hold my UPV is British by birth. He has just accepted a 2 year contract position abroad and we will be living in South Africa (my home country) during this time.

We will also be getting married in October this year.

My questions :

1) I understand that, by leaving the country, my 2 year probation clock stops ticking as we'll no longer be living in the UK. Will there be any grounds on which I can apply for ILR sooner rather than having to reapply for a spousal visa in 2008 (as we'll be married when we return to UK) at which time I'll be given another 2 year probation? Which would mean I can only apply for my ILR in 2010 - assuming the rules haven't changed by then.

I know there are situations where people who have lived together abroad for 4 years or more can qualify for an exemption of the 2 year probabation. But what if they've lived togeter for 4 years of which 2 years were in the UK and 2 years were abroad?

Hope I'm making sense. Staying in the country until August to wait for my ILR is not an option for us due to the imminency of the contract and the money offered.

Many thanks for your time !

Sally

[Aleksas]

"If you and your husband, wife or civil partner have been living together outside the UK for four years or more, and they have been a British citizen for four years or more, there will be no time limit on how long you can stay in the UK."

Guidance - Husbands, wives and partners (INF 4)

I dont think they will mind if you have lived two years inside the UK and two years outside, as long as it all totals up to four. This means they should give you ILE.

Then again, I might be wrong so it would be good for one of the moderators to comment on this aswell...

Lex.

[sally1975]

Many thanks for your reply Lex.

As you say, hopefully one of the moderators will be able to give their take on it too.

Regards

Sal

[Kayalami]

The 4 year aspect to ILE requires the entire period to be abroad - there are reasonable allowances for trips to the UK as well as other countries breaking this 'abroad' period. Hence the 2 in UK and 2 in RSA won't wash. It might be worth re-thinking the move to RSA until the OP naturalises - the immigration system is facing major overhauls. I expect a fingerprinting regime fro ILR and naturalisation no later than mid 2007 which will increase process timelines.