Indefinate LEAVE TO REMAIN IN THE UK

[Yasmin]

Hello

I was wondeirng if anyone could advise me as I am little confused with the immigration laws. In March we applied for my husband's spouse visa which was granted for two years. I am little confused about the next steps. I have read the Inefinate leave to remin the uk form and its a bit difficult to produce all of the documentation. As where we are lviing at the moment all of our bills are inclusive. Do you think a letter from our landlord would suffice?

Does anyone know when is the best time to apply for Indefinate leave to remain? Also since my husband has been over in the uk since 2002 does this give him automatic right to remain?

Is anyone aware of the stance with granting mortgages to spouses visa?

Any help or advie that you can give would be much appreciated.

With KInd Regards

Yasmin

[John]

I have read the Inefinate leave to remin the uk form and its a bit difficult to produce all of the documentation.

You don't need to produce all the documentation. just sufficient to meet the requirement to show that the two of you are living at the same address. The list on the form SET(M) is quite extensive. You have done the right thing, looking at the requirements near the beginning of the two-year period, rather than just before the application date.

Both of you have bank accounts producing regular bank statements? If so that is a good start in meeting the requirements. You have no utility bills in your names? But there are still lots of other possibilities listed on the form SET(M).

Also since my husband has been over in the uk since 2002 does this give him automatic right to remain?

No, the application will need to be made on form SET(M) in the last 28 days of the current 2-year spouse visa. But because of that time already in the UK, and assuming you are a British Citizen, your husband could well be eligible to apply for Naturalisation as soon as he has his ILR in less than 2 years time.

Mortgage? Speak to a mortgage broker. They should know which lenders are OK in this situation and which to avoid.

[Yasmin]

Dear John

Thank you very much for this.

Yes that's correct we both have bank accounts but they are seperate (not in joint names) is it better to get them in joint names? Where we are living at present everything is all inclusive ie gas, electric, council tax. The only thing that we have is the BT phone bill that comes in my name. We both have NHS Medical cards. Can you suggest anything else? My husabnd has a credit card statementxs as well/.

Yes I am a British Citizen so naturalisation may well be an option after his ILR. Why is it 28 days before ...what happens if he si not granted it does that mean he has to go back to his country of orgin?

Thank you very much for all your help...much appreciated!

YASMIN

[John]

The PDF of the form SET(M) has 20 pages. It is page 16 of 20 that is relevant. As regards your questions about what evidence needs to be produced, all I can say is that you need to read the guidance again, and then you will appreciate that it is not absolutely necessary for anything to be in joint names, and there are all sorts of possibilities apart from utility bills. For example :-

• tenancy agreement
• insurance policies/certificates or other correspondence
• loan agreements
• AA, RAC or similar membership
• membership of sports or social clubs
• membership of a religious organisation

But you will appreciate that is only part of the full list. So you have a car? Therefore membership of the AA or RAC or whatever? If you have a car it is no doubt insured. Any house contents policy? Any life insurance policies?

In short, lots of possibilities!

You ask about 28 days. Again I say read the form SET(M)! There are two relevant references, for example on page 5 of 20, under the heading "4 WHEN TO APPLY".

what happens if he si not granted it does that mean he has to go back to his country of orgin?

If your marriage is real, and not a marriage of convenience, and thus you are able to produce all the supporting evidence that is needed, there is basically ltitle chance of rejection. The fact that you are looking at the evidence requirements now, rather than just before making the application, greatly improves the chances. In the rare event of getting a refusal they would probably grant a further time-limited visa, rather than a total rejection.

[British]

Hi John,

I just want to take this oppurtunity to post my some-what related question into this thread. Your comments will really be aapreciated.

I am bringing my wife (and my new born kid) after she has been there in India for about 6 months straight. We decided to have the delivery in India and so.

She came to UK last year and stayed with me for 11 months and at the end of 11 months she flew to India for delivery. She had to fly well before delivery date because the airlines would not allow her to fly to India after a particular number of weeks of pregnancy.

When we come back to the UK, would she have any issues - i.e. would we be asked why we decided to have the baby delivered in India, etc.

The main reason was the medical facilities in India is excellent (UK cannot even come close to it) with doctors personal attention, etc (having paid huge indian currency on doctor fees). Also she will have the 24/7 (literally) care from our parents and relatives. In UK, its just me and her and we have no relatives. Its just two of us and i work full time (contracting ), she being alone at home (House wife).

So we decided we will have the delivery in India, but we decided for her to be there for 6 full months (ultimately since it was not a natural delivery as well).

I have got all the BT bills where it records i have been in constant touch with my wife - direct BT international call records.

Plus, there is a doctors certificate advising that she (well basicaly the baby mainly) remain in India and not travel for at least 3 months after delivery/operation (since the baby was 1.5 months pre-mature as well).

I have Indian entry/exit immigration entries in my British passport when I visited my wife and family for at least once in 2 months in the 6 months period
I also have photographs from Baby naming ceremony function etc. during these visits.

I have visited my wife and child 3 times in the past 6 months.

Recently, we had also sent across to British HC, our photos of being together in India (when in my visits) with our new born baby, when we applied for our daughter's british passport.

I guess, if we walk-in with all these documents ready to hand, entry should be smooth for my wife into UK even if she had been away from UK for 6 months!!! Her Spouse/Marriage visa is still active and goes upto next April.

Also once arrived, and we are together again, i guess getting ILR for my wife next year, should be straght-forward?(considering the fact that i am accumulating all evidence as specified in Set M).

Any comments/thoughts invited.

Thanks.

[John]

British, can you run me through the time-line? Your wife was granted a 2-year spouse visa, came to the UK for 11 months, then flew to India ... how long in India before returning to the UK? And then having arrived back, will she stay in the UK until the ILR is applied for?

Totally separate point. I assume you have downloaded the form SET(M)? If not download it now by clicking here. How do you think you will do producing evidence, in accordance with the requirement as on page 16 of 20?

[British]

British, can you run me through the time-line? Your wife was granted a 2-year spouse visa, came to the UK for 11 months, then flew to India ... how long in India before returning to the UK? And then having arrived back, will she stay in the UK until the ILR is applied for?

Cheers John.

I am my wife were married last February.
At that time i had ILR.

My wife applied for Spouse / settlement visa in March and she got it in April.

She flew to UK in April.

She became pregnant in early September.
Then she stayed with me until this year Febryary.

We decided to have our baby delivery in India (for all practical and personal reasons). But she had to fly to India before 27 weeks of her pregnancy otherwise airlines would not fly her.

So, to be safe, we deceide her to fly in the middle of February when she was about 23 weeks pregnant.

She delivered the baby during April although it was due only around June.

I visited her once in March and once in May. Since the baby was about a month pre-mature, the pediatrecian advised us that the baby no travel immediately and be in India for about 3 months and hence my wife had to stay too.

Now came july when it was OK for our daughter to fly. I had visited her in July to ensure she had all documents to apply for our daughter's British passport.

It took a while to get the Indian birth certificate for our daughter and hence we had to wait until July to apply for her British passport + Birth registration with UK consulate.

Now the passport application is in process. Once we get it in next week or so, i am planning to bring my wife and daughter to the UK.

So, in all, my wife has been in inda for about 6 months if she flew to UK around end of second wek of August.

And then having arrived back, will she stay in the UK until the ILR is applied for?

Absolutely! Its just for the baby's delivery sake we decided for her to be in India, otherwise we will never stay away from each other ever again! We both missed each other horribly (in spite of our telephone calls regularly + my visits to India), and no more of seperation ever after (We have promised ourselves, that our next baby (whenever??? will be delivered in the UK )

Totally separate point. I assume you have downloaded the form SET(M)? If not download it now by clicking here. How do you think you will do producing evidence, in accordance with the requirement as on page 16 of 20?

I have downloaded the form and had started accumulating the evidence ever since last April.

I have the following documents in our common names in the same address ever since our April:

1. Council tax bill for 2005-2006 (last year's) and 2006-2007 (this year's).

2. A common bank current account (with both my name and her name in the account). We get a statement every month.

3. Tenancy agreement in our common name.

4. Life Insurance policy (in our joint names, as spouses)

5. Electricity bill (by PowerGen) with our both names in the bills - we get this bill every quarter.

6. Water bill ( by United Utility company) - with our both names in the bills - we get this bill every quarter.

7. Gas bill (British Gas) with our both names in the bills - we get this bill every quarter.

Now, we have the following documents addressed to each of us (not common ones), but addressed to each of us individually at the same address, ever since last April:

1. Both of our individual Credit card bills

2. Individual Bank current account statements, addressed to current address. (We had these UK bank acounts before our marraige, and after marraige these accounts still continue, but is addresed to our current joint address)

3. NHS regsitration card, for each of us individually, addressed to our current address.

4. My Car insurance policy documents at this address.

5. My car driving license documents at this address.

6. Wife: Letters sent by Inland revenue to my wife at this address.

7. My VAT registration at this address.

8. My Inland revenue documents addressed this address.

9. My Business bank account statements addressed to this address.

10. BT bill addressed to ME at this address (I have not yet included my wife's name as yet, but probably will do so soon, just for teh sake of it!)

BT bills regularly come to us every quarter, to this address.

11. My Wife's UK medical records file has several letters / pregnancy check-up and earlier week's pregnancy care medical records, etc. all addressed to her name at this address, form the Ante-natal unti of the hospital in the UK.

13. AA membership - indivisually to us at this address.

I have accumulated all of these in a big evidence folder and is that is growing as days pass by

Now, your comments please! both interms of when she comes back to the UK next month, and our possiblity of getting the ILR next year - i.e. in March.

Thanks for your time John.

[John]

Now, your comments please! Both in terms of when she comes back to the UK next month, and our possiblity of getting the ILR next year - i.e. in March.

Firstly as regards when your wife flies back next month, no problem, she has a valid visa and she is resuming residence in the UK. Or put it another way, the stressful part could well be travelling with the very young child, hoping the child will do a lot of sleeping on the flight, and not too much crying! Getting past immigration at the airport will be nothing compared to what the flight could be like!

ILR next March? There is no fixed amount of time outside the UK that can cause a problem. Clearly your wife's time outside the UK will be above-average but as long she stays put in the UK after arriving back next month then I would not expect she to encounter a problem. However do document the reason for the long stay outside the UK.

You downloaded the form SET(M) and started collecting the evidence. Great, but do be aware that the version of the form has changed and accordingly I recommend that you now download the latest version.

At this moment in time an easy way to see whether to have the latest version of the SET(M) is this. If after completion you were posting the application, where does the form say to post to? If Cannock then you do not have the latest version. If Durham then you do.

[British]

Thanks John.

I will download the latest version of Set M and check it vis-a-vis the documents/evidence we have so far collected, to ensure that these still count as proper evidence for next year's ILR application.

regards.