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Query regarding spouse visa

Posted: Tue Dec 25, 2012 8:39 am
by sharbt_hvr
Hi,
I am due to eligible for ILR in July 2013 ,my spouse may not be present in UK for extn/ilr application and will arrive to UK after my ilr/extn approved.Since she is my dependent, her visa would expire whilst in her home country and would no longer can travel to UK.

In these circumstances, what is the procedure for her to travel back to Uk?


rgds,
Sharbt_hvr

Posted: Tue Dec 25, 2012 10:36 am
by Damanisshallo
ILR or any form of "leave to remain" cannot be applied for from outside the UK.

Your spouse may apply for settlement visa from outside UK, and if eligible, may be issued with ILE (Indefinite Leave to Enter) endorsement.

LITUK tests are only available in the UK. So, if you wish that she is granted ILE on the basis that you have been married and have been living together, then she will need to take the test so that the result can be included in the entry clearance application (for settlement visa).

Alternatively, if your wife satisfies all of the requirements for ILE, except the KOL (LITUK) requirement, she will be granted 27 months leave to enter. During this time she can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain (ILR) in the UK.
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