general ILR status question, puzzle?

[daud1234]

hi guys/ladies

just joined this forum to help a friend, iv looked online and done endless googling but still confused and he needs clarity on this situation

so his scenario is this:

He is seeing this girl for the past 4 years that he met at college, (she was learning english) and he was studying another course. he is looking at getting married to her but there is something he wants to clarify before jumping ahead but cannot ask her directly to clarify otherwise it will look like he doesnt trust her but he needs to know to put his mind at rest, and for cultural reasons it is important he knows.

he is uk citizen so no issues for him

her status is as follows

1) currently aged 34. she tells him she entered uk in 2011 from Pakistan and was working almost immediately in a clothes recycling plant.
so he thinks it was either a work permit visa if she started working straight way .
(but from what i understand through googling and reading i told him it cant have been a work permit because she would need to be skilled worker with good spoken english to get a work permit.)

But she would have been able to work straight away if she was on a spouse visa and considering he met her at college where she was learning/improving english then its highly unlikely that she had a work permit with little written/spoken english at the time. just basics say of a 10 year old child level.


2) He knows that she then got her indefinite leave to remain of 10 years in March 2013 and i assume she will now have a uk passport. she has no kids

he wants clarity based on information provided what was the likely visa status she had but if more is needed then i can ask him.

Now he is worried because if she has entered the uk on a spouse visa back in 2011 it means she has been married previously and not telling him and this is a big thing for him if she is hiding such an important detail. For her to be divorced/separated and not tell him. (please no rude comments about the private region checks)

Its best to know a person properly before comitting to marriage, and he wants to avoid any skeleton in the closet.

so i want to ask the question for him to see if the above can be true...if she entered uk in 2011 and got ILR in 2013. The only 2 year route before june 2012 was through spouse visa? am i correct?

or if she did come to uk on a work permit, it would be before 2011 as she would have needed to be in uk for 5 years in March 2013 to get ILR not 2. but even then the english/skill is not right?

she told him she had to study the Life in UK book after the 10 year ILR and do loads of tests as she kept failing. so I personally think the work permit one is far fetched and most likely she was married. Is it possible to check if she has been divorced (the marriage obviously wont be registered because it would have taken place abroad but if she was divorced in uk after getting ILR then there should be a record.

so what is the likely case do you think? one of the above or was there any other way to get 10 yrear ILR in 2013 having been in UK 2 years

please only comment to give actual advice on what you think her situation could be, rather than about the strength of the relationship/his doubts/ his trust issues / her honesty etc. Strictly advice on the immigration status aspect of it

thanks in advance

[CR001]

if she entered uk in 2011 and got ILR in 2013. The only 2 year route before june 2012 was through spouse visa? am i correct?

Yes, it was only possible on a spouse visa that was issued on or before the 8th July 2012.

or if she did come to uk on a work permit, it would be before 2011 as she would have needed to be in uk for 5 years in March 2013 to get ILR not 2. but even then the english/skill is not right?

There was no two year ILR route for work permit holders. Note, the visa called 'Work Permit' was discontinued in 2008 when the Points Based System (Tier 1, Tier 2 etc) came into effect.

she told him she had to study the Life in UK book after the 10 year ILR and do loads of tests as she kept failing. so I personally think the work permit one is far fetched and most likely she was married. Is it possible to check if she has been divorced (the marriage obviously wont be registered because it would have taken place abroad but if she was divorced in uk after getting ILR then there should be a record.

10 year ILR requires 10 years of lawful/legal residence, which means she would have needed valid visa(s) since 2011 to be granted ILR based on 10 years residence in 2021 if she entered the UK in 2011.

so what is the likely case do you think? one of the above or was there any other way to get 10 yrear ILR in 2013 having been in UK 2 years

You cannot get 10 years ILR without living legally in the UK for 10 years and passing B1 English test and the Life in the UK test. It is possible that she has FLR(FP) visa on the 10 year route, either as a partner or parent, depending on her circumstances.

Other than that, it is impossible for anyone on the forum to comment based on the limited information you have provided. For we know, she entered on a tourist visa and simply never left or claimed asylum, which does not require the English and LIUK tests for ILR after 5 years.

[daud1234]

Thanks for prompt reply

No she definitely wasn't an overstayer

And had not lived in uk for 10 years prior to 2011 according to her she came to uk in 2011. Got the indefinite leave to remain residence permit card in 2013.

My friend says the "residence permit" was issued 13.03.13. Expiry date 12.03.23 so 10 years

Type of permit: settlement

Remarks: Indefinate leave to remain

Is what it says. Or whether that a fake I'm not sure. That's what she showed him.

No mention of spouse on it.

She isn't a parent so I'm guessing it's partner spouse root by the sounds of it.

I thought so. He will be a bit shocked to hear that the person he wants to marry isn't all she seems then