Immigrationboards.com

dear all,

hope everyone is doing great.

My wife came to UK bak in Jul 2010 and her ILR is due sometime in Aug or Sep - thought just get the ball rolling in getting the paper work up to date. advice and suggestions please

Due to job reasons I moved out of UK along with my wife just after 5 months of her arrival and since than we been out. I only managed to open her bank account which is also not active.

we will be back in Feb 2012 for few weeks

Please advise as appropriate

1. How can I prove we been togather since our marriage though we have visited couple of countries togather and the stamps on passport cna confirm that

2. The address in UK is permanent though a rented property and all correspondance relating to both of us goes there

3. I have two properties in UK, would it be beneficial for me to make her a joint owner on one of the property?

4. What is Biometric test? does she has to go through the process and what is the procedure or time frame involved in it?

Basicaly, if someone can just jot down points I have to follow from A-Z that would be ideal

Awaiting suggestions on above

thanks in advance

An application for ILR is unlikely to be successful as she has only spent 5 months of the required 24, resident in the UK.

thanks for your comment - so do i have any other option

thanks

Casa wrote:An application for ILR is unlikely to be successful as she has only spent 5 months of the required 24, resident in the UK.

When you're ready to re-settle in the UK you'll need to re-apply for a spouse visa. If you were intending to return to live here before your wife's visa expires you could apply for further leave to remain- FLR(M), to make up for the 19 months short of the 2 years. However, to do this you'd need to show that you are actually settled in the UK and not simply visiting from time to time.
It may be wise to seek legal advice on your options.

Casa wrote:When you're ready to re-settle in the UK you'll need to re-apply for a spouse visa. If you were intending to return to live here before your wife's visa expires you could apply for further leave to remain- FLR(M), to make up for the 19 months short of the 2 years. However, to do this you'd need to show that you are actually settled in the UK and not simply visiting from time to time.
It may be wise to seek legal advice on your options.

thank you again for your valuable advice, I will check with solicitor on my arrival in UK.

I read somewhere about ILE is it same as ILR? and are you aware of the critieria

thanks again for your help

I am concerned by :-

we will be back in Feb 2012 for few weeks

You appear to be treating the spouse visa like some glorified visitor visa, which it is not. Your wife is certainly allowed to use her spouse visa to "resume residence", but will that actually be the case?

clearly, either you already hold an ILR or a british citizen. In case you hold ILR you need to be in the UK for a certain period of time or it will be revoked. In that case you can apply for your wife as your dependent as she do not qualify for ILR.