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Spousal visa to ILR

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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planner82
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Joined: Tue Oct 25, 2011 2:53 pm

Spousal visa to ILR

Post by planner82 » Sat Jan 14, 2012 11:37 am

Hello
We will bemarried for 2 years in June. We have been living together for the past 3 years. Now my partner has got a job offer in the other part of the country which means we have to live separately due to our jobs. I am worried as the ILR application requires both of us to be living together for 2 years of spousal visa period. Any suggestions on what's going to happen? Thanks

A
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Obie
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Location: UK/Ireland
Ireland

Post by Obie » Sat Jan 14, 2012 12:28 pm

There most be an intention or commitment to leave together.

If the person leaves in another part of the UK, but return home regularly when not at work, or company transferred him/her, and all correspondents are in the home you share together, then i believe it cannot be construed you don't intend to live together.

Rather, it may reasonably be construed that circumstance permit this, and as soon as this circumstance changes, you will live together as man and wife
[url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/section1.pdf?view=Binary][b] CHAPTER 8 - FAMILY MEMBERS SECTION 1- SPOUSE[/b][/url] wrote: 2.2. Interpretation of "intention to live permanently with the other"
"Intention to live permanently with the other" means an intention to live together,
evidenced by a clear commitment from both parties that they will live together
permanently in the United Kingdom immediately following the outcome of the
application in question or as soon as circumstances permit thereafter, and "intends to
live permanently with the other" shall be construed accordingly
Smooth seas do not make skilful sailors
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Casa
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Post by Casa » Sat Jan 14, 2012 4:37 pm

How often will you see each other and what proof will you be able to submit of the visits.
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planner82
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Joined: Tue Oct 25, 2011 2:53 pm

HI

Post by planner82 » Mon Jan 16, 2012 10:24 am

Obviously we both intend to live together but unfortunately due to the jobs, we have to live separately until one of us find the job near to the others.
We intend to see each other every weekend - but how am I supposed to prove this unless they set a private detective!
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Casa
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Post by Casa » Mon Jan 16, 2012 10:35 am

Travel tickets...photos together (dated)...
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sunil.suneel
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Joined: Wed May 31, 2006 5:13 pm

Re: HI

Post by sunil.suneel » Mon Jan 16, 2012 11:36 am

planner82 wrote:Obviously we both intend to live together but unfortunately due to the jobs, we have to live separately until one of us find the job near to the others.
We intend to see each other every weekend - but how am I supposed to prove this unless they set a private detective!

Also you can have atleast some of her bank statements addressed to your address or have her pay some of the bills at your address so you can have documents showing that you are together all the way thru ... this along with the photographs and travel docs take regularly ...
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