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Dear helper,

my situation is, my wife come to the UK with spouse visa (old rule) on April 2012, stay in the UK for six month, and then leave the UK and back to home country for giving the birth. My son were born on Dec 2012. My wife and baby will come to the UK soon. I am student and no family in the UK to look after the baby and new mum after the birth. So we decide stay with family to give birth.

My question is: Up to now, my wife has been out side of the UK for 10months. If my wife want to transfer to the ILR from spouse visa, how long does she need to stay with me in the UK, which option is following for my wife.

A: 10 month, it's been 14 month since she first time come to the UK, because she was leaving the UK for giving birth. It is reasonable to consider as special case? "The Immigration Rules do not say that you must have been in the UK for the entire two years of your permission to stay as a husband, wife, civil partner or unmarried/same-sex partner. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you." Quote from HO.

B: 1.5 years, because she has been to the UK for 6 months.
C: 2 years. In general (old) rule, 2 year, and reissue the spouse visa after the expired date.

Any one can help?

The probationary period under the old rules is 2 years. You can have a limited time outside the UK for good reasons, giving Birth would likely be a good reason due to cultural and family reasons. You can apply to settle 28 days before the 2 year period is up. Remember, you need to meet the requirements including, KOLL, Cohabitation proof and adequate maintenance and accommodation. Are you British otherwise than by descent? Your wife should be looking at heading back.

Thank you for replying. Yes, I am by descent, what does mean by heading back and KOLL?

D4109125 wrote:The probationary period under the old rules is 2 years. You can have a limited time outside the UK for good reasons, giving Birth would likely be a good reason due to cultural and family reasons. You can apply to settle 28 days before the 2 year period is up. Remember, you need to meet the requirements including, KOLL, Cohabitation proof and adequate maintenance and accommodation. Are you British otherwise than by descent? Your wife should be looking at heading back.

If you're British by descent and the child was born outside the UK s(he) is not British but, the child will be entitled to register a British, more favourable, if this is done in the UK (as the child will be British otherwise than be descent).

The KOLL isknowledge of Language and Life(click), heading back means returning to the UK.

Thanks, I just check Immigration Directorate Instructions, Chapter 8

4.6. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period
must be spent in the United Kingdom. For example, where an applicant has
spent a limited period outside of the United Kingdom in connection with his
employment, this should not count against him. However, if he has spent the
majority of the period overseas, there may be reason to doubt that all the
requirements of the Rules have been met. Each case must be judged on its
merits, taking into account reasons for travel, length of absences and whether
the applicant and sponsor travelled and lived together during the time spent
outside the United Kingdom. These factors will need to be considered against
the requirements of the Rules.

In this case, is better to apply by post or by person for ILR?

D4109125 wrote:If you're British by descent and the child was born outside the UK s(he) is not British but, the child will be entitled to register a British, more favourable, if this is done in the UK (as the child will be British otherwise than be descent).

The KOLL isknowledge of Language and Life(click), heading back means returning to the UK.

skykive wrote:Thanks, I just check Immigration Directorate Instructions, Chapter 8

4.6. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period
must be spent in the United Kingdom. For example, where an applicant has
spent a limited period outside of the United Kingdom in connection with his
employment, this should not count against him. However, if he has spent the
majority of the period overseas, there may be reason to doubt that all the
requirements of the Rules have been met. Each case must be judged on its
merits, taking into account reasons for travel, length of absences and whether
the applicant and sponsor travelled and lived together during the time spent
outside the United Kingdom. These factors will need to be considered against
the requirements of the Rules.

In this case, is better to apply by post or by person for ILR?

D4109125 wrote:If you're British by descent and the child was born outside the UK s(he) is not British but, the child will be entitled to register a British, more favourable, if this is done in the UK (as the child will be British otherwise than be descent).

The KOLL isknowledge of Language and Life(click), heading back means returning to the UK.

The Settlement Checking Service (click) by post or PEO.

May I ask that why do you think by post via SCS or PEO is better than by person. I am thinking if we are applying by person, we can talk to the casework to explain in detail. Thanks

D4109125 wrote:

skykive wrote:Thanks, I just check Immigration Directorate Instructions, Chapter 8

4.6. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period
must be spent in the United Kingdom. For example, where an applicant has
spent a limited period outside of the United Kingdom in connection with his
employment, this should not count against him. However, if he has spent the
majority of the period overseas, there may be reason to doubt that all the
requirements of the Rules have been met. Each case must be judged on its
merits, taking into account reasons for travel, length of absences and whether
the applicant and sponsor travelled and lived together during the time spent
outside the United Kingdom. These factors will need to be considered against
the requirements of the Rules.

In this case, is better to apply by post or by person for ILR?

D4109125 wrote:If you're British by descent and the child was born outside the UK s(he) is not British but, the child will be entitled to register a British, more favourable, if this is done in the UK (as the child will be British otherwise than be descent).

The KOLL isknowledge of Language and Life(click), heading back means returning to the UK.

The Settlement Checking Service (click) by post or PEO.

skykive wrote:May I ask that why do you think by post via SCS or PEO is better than by person. I am thinking if we are applying by person, we can talk to the casework to explain in detail. Thanks

D4109125 wrote:

skykive wrote:Thanks, I just check Immigration Directorate Instructions, Chapter 8

4.6. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period
must be spent in the United Kingdom. For example, where an applicant has
spent a limited period outside of the United Kingdom in connection with his
employment, this should not count against him. However, if he has spent the
majority of the period overseas, there may be reason to doubt that all the
requirements of the Rules have been met. Each case must be judged on its
merits, taking into account reasons for travel, length of absences and whether
the applicant and sponsor travelled and lived together during the time spent
outside the United Kingdom. These factors will need to be considered against
the requirements of the Rules.

In this case, is better to apply by post or by person for ILR?

D4109125 wrote:If you're British by descent and the child was born outside the UK s(he) is not British but, the child will be entitled to register a British, more favourable, if this is done in the UK (as the child will be British otherwise than be descent).

The KOLL isknowledge of Language and Life(click), heading back means returning to the UK.

The Settlement Checking Service (click) by post or PEO.

Yes a PEO should allow a same day decision, but a good letter applied using the SCS should suffice and still be hopefully within 6 weeks.

I see, thank you for your kind help. all the best

D4109125 wrote:

skykive wrote:May I ask that why do you think by post via SCS or PEO is better than by person. I am thinking if we are applying by person, we can talk to the casework to explain in detail. Thanks

D4109125 wrote:

skykive wrote:Thanks, I just check Immigration Directorate Instructions, Chapter 8

4.6. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period
must be spent in the United Kingdom. For example, where an applicant has
spent a limited period outside of the United Kingdom in connection with his
employment, this should not count against him. However, if he has spent the
majority of the period overseas, there may be reason to doubt that all the
requirements of the Rules have been met. Each case must be judged on its
merits, taking into account reasons for travel, length of absences and whether
the applicant and sponsor travelled and lived together during the time spent
outside the United Kingdom. These factors will need to be considered against
the requirements of the Rules.

In this case, is better to apply by post or by person for ILR?

The Settlement Checking Service (click) by post or PEO.

Yes a PEO should allow a same day decision, but a good letter applied using the SCS should suffice and still be hopefully within 6 weeks.