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'further leave to remain' and holiday

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naav
Newbie
Posts: 33
Joined: Mon Mar 03, 2008 6:41 pm

'further leave to remain' and holiday

Post by naav » Mon Apr 07, 2008 8:14 pm

Hi everyone.

My wife is on 'further leave to remain'...it expires in the fall of 2009...she just completed her ESOL with citizinship course and has the letter from the college and is now waiting for the certificate from the exam board...the certificate should be due in a month or two...we wish to go on holiday this summer and I wanted to start booking for it now...

1. Is it okay for her to go out of the country for 3 weeks?

2. Should we apply for her indefinite leave to remain before we go on holiday or can we wait till we return?

Thank you :)
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eliasuk4u
Member of Standing
Posts: 346
Joined: Thu Jan 05, 2006 8:27 pm

Post by eliasuk4u » Mon Apr 07, 2008 8:56 pm

naav, Your question is bit confusing, your wife's spouse visa expiring in 2009? Then she got plenty of time to apply for ILR. It have to be submitted to HO atleast 28 days before the expiry day not before that.
1. Is it okay for her to go out of the country for 3 weeks?
Yes, Its ok
2. Should we apply for her indefinite leave to remain before we go on holiday or can we wait till we return?
Nothing stops your wife from going on holiday. She have to apply her ILR at the end of her 2year period and not before 28days of expiry of her spouse visa.
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naav
Newbie
Posts: 33
Joined: Mon Mar 03, 2008 6:41 pm

Post by naav » Mon Apr 07, 2008 11:43 pm

Hi, thanks for writing. :)
...your wife's spouse visa expiring in 2009? Then she got plenty of time to apply for ILR. It have to be submitted to HO atleast 28 days before the expiry day not before that.
She is on 'Further Leave to Remain'. She came into the country in the fall of 2005 on a two-year visa. She didn't have the necessary ESOL and life in the UK knowledge to apply for ILR on the expiry of her visa in 2007. So we applied for 'Further Leave to Remain'. She got that and I believe she doesn't have to wait till it's about to expire to apply for ILR. In fact I'm sure the letter we got with her passport says that.

Does that make more sense?

Thanks :)
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eliasuk4u
Member of Standing
Posts: 346
Joined: Thu Jan 05, 2006 8:27 pm

Post by eliasuk4u » Tue Apr 08, 2008 7:13 am

Does that make more sense?
That's much better.
In that case if she has completed her 2 years in UK and I assume from the information provided that she has done combined English for Speakers of Other Languages (ESOL) and citizenship classes, now she can apply anytime as long as she got her certificate to prove it moreover nothing stops her from going on a holiday though and its up to you whether you want to apply before you go away or apply after you come back.
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naav
Newbie
Posts: 33
Joined: Mon Mar 03, 2008 6:41 pm

Post by naav » Wed Apr 09, 2008 12:26 am

Hi, thanks. :)

As she came in the fall of 2005 and is now on 'Further Leave to Remain' which doesn't expire until the fall of 2009, then:

(a) Can she skip ILR and apply for Naturalisation in the fall of 2008?

(b) If she does have to apply for ILR, then when is the earliest she can apply for Naturalisation?

Thank you. :)
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John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Apr 09, 2008 7:55 am

Using your lettering :-
  1. She definitely needs to get the ILR. On the facts presented by you, the application can be made as soon as you like.
  2. You do not explain about you and it is relevant to when your wife could apply for Naturalisation. Are you British? Or if not, what is your UK immigration status? (Your use of the word "fall" rather than "autumn" is confusing me!)
John
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naav
Newbie
Posts: 33
Joined: Mon Mar 03, 2008 6:41 pm

Post by naav » Thu Apr 10, 2008 12:49 am

Hi, many thanks :)
On the facts presented by you, the application can be made as soon as you like.
She has the letter from the college but doesn't she have to wait for the certificate from the exam board? The letter from the college mentions the 'attached' certificate from the exam board which according to my wife, who was told by her teacher, they (the exam board) will send out in the next month or two.
You do not explain about you and it is relevant to when your wife could apply for Naturalisation. Are you British? Or if not, what is your UK immigration status?
I was born in the UK and have lived all my life here.

Thank you. :)
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John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Apr 10, 2008 9:31 am

You are right. She needs to include the certificate showing that she has completed the combined ESOL/Citizenship course.

OK, so you are British. Accordingly, based upon what you have posted, she needs to apply for ILR, but as soon as she has that she can apply for Naturalisation. Just ensure, looking at for example holiday dates out of the UK, that she was in the UK exactly three years before UKBA will receive the Naturalisation application.
John
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naav
Newbie
Posts: 33
Joined: Mon Mar 03, 2008 6:41 pm

Post by naav » Sat Apr 12, 2008 12:10 am

Many grateful thanks. :)
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naav
Newbie
Posts: 33
Joined: Mon Mar 03, 2008 6:41 pm

Post by naav » Wed Apr 23, 2008 11:09 pm

Hi everyone :)

When my wife gets her ILR, what are the restrictions/limits on how long she can spend outside of the UK/EU? I've tried searching the Border and Immigration website but no luck.

Thank you. :)
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vinny
Moderator
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Apr 24, 2008 1:09 am

Returning residents.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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naav
Newbie
Posts: 33
Joined: Mon Mar 03, 2008 6:41 pm

Post by naav » Thu Apr 24, 2008 9:42 pm

Thank you very much :)
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