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ILR Travel Questions

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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LeeJB
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ILR Travel Questions

Post by LeeJB » Sat May 11, 2019 12:16 pm

I am a British Citizen. My wife is a Chinese citizen.

We are ready to apply for IRL Set(M), as she has completed her 5 years, however for the last 15 months I have been working abroad (China), I started working there in January 2018, and since that time I have returned to the UK twice, once in May 2018 for 3 weeks, and once in January 2019 for just over 2 weeks. I am in the UK now, I returned earlier this month.

Question 1. How will this working away affect our application?

Question 2. From what I have read I understand that I need to be present in the UK at the time of the application. Does this mean I have to stay present in the UK until a decision is reached? (If the answer to this question is 'YES' then why am I able to submit a copy of my passport)?

It seems logical that if I have my passport that I am able to travel.

Thank you in advance for any help advice you can give.

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zimba
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Re: ILR Travel Questions

Post by zimba » Sat May 11, 2019 4:22 pm

You do not need to be in the UK at the time of application or decision. A copy of your passport is only required.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CR001
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Re: ILR Travel Questions

Post by CR001 » Sat May 11, 2019 4:46 pm

How are you proving that you meet the financial requirements if you are overseas working??

The requirement for your spouse is that you, the sponsor, is present and settled in the UK.
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LeeJB
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Re: ILR Travel Questions

Post by LeeJB » Sat May 11, 2019 5:11 pm

@CR001

To clarify. I am the Director of my own Limited company, I am working overseas on projects for this business.

The financial requirement is being met with a combination of my wife's (The applicant) salary from her employment, and savings.

@zimba

The requirement for your spouse is that you, the sponsor, is present and settled in the UK.

My concern is, what is the definition of 'present and settled'

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CR001
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Re: ILR Travel Questions

Post by CR001 » Sat May 11, 2019 5:33 pm

Preset and settled, see point 4.Set3.4 in the link below.

https://www.gov.uk/government/publicati ... uses-set03
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LeeJB
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Re: ILR Travel Questions

Post by LeeJB » Sun May 12, 2019 11:49 am

So, It appears that I must be present in the UK at the time of application, however does anyone know if I have to remain present in the UK until a decision is reached ?

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