Collecting documents - not yet applied - outside UK

[blisspix]

We're outside the UK and have been married for 5 years. We are planning to move to the UK by September 09, if not sooner. I've read so much stuff about the visa process that I've started to confuse myself!

I would ideally like to my husband to get ILR pending passing the KOL when we apply for the spouse visa as we have been married more than 4 years outside of the UK.

So do we need to
1. apply for the spouse visa, hopefully get that
2. then on arrival he takes the KOL
3. and then apply for SET (M) right away?
4. after 3 years he applies for citizenship

Or is SET (M) covered in the spouse visa under the 4 year rule?

I'm starting to gather the documents required for SET (M), (bills, photos, leases, bank accounts etc) but they are obviously all going to be from outside the UK. Is this ok? Or do I not need this, again because of the 4 years?

Any clarity appreciated

[blisspix]

Replying to myself....

On further reading, looks like the path is -

Apply, VAF4, hopefully obtain ILE pending KOL
Arrive UK
He takes KOL
Apply for ILR using SET (M) either right away or towards end of 27 month period
after 3 years (from arrival date or from ILR?) apply for naturalisation

That's sadly looking like a very expensive process. Not entirely sure yet if we will stay 3+ years when we go. Something to ponder closer to the time I suppose.

Clock for naturalisation starts the day he arrives in the UK, yes?

[whirly]

Replying to myself....

On further reading, looks like the path is -

Apply, VAF4, hopefully obtain ILE pending KOL
Arrive UK
He takes KOL
Apply for ILR using SET (M) either right away or towards end of 27 month period
after 3 years (from arrival date or from ILR?) apply for naturalisation

That's sadly looking like a very expensive process. Not entirely sure yet if we will stay 3+ years when we go. Something to ponder closer to the time I suppose.

Clock for naturalisation starts the day he arrives in the UK, yes?

As far as I know, you're right on all counts. It's certainly not a cheap process. The main advantage you have over people who enter on normal spouse visas (not ILE/KOL required) is that you can get ILR sooner. That's not nothing - ILR is a distant dream for many people on these boards. Once he has ILR, you can leave the country for up to 2 years without losing it, but if he wants to naturalise, he'll need 3 years' residency. ILR could be a goal in itself for your husband, but obviously becoming British would offer even more stability and future benefits. If you're not planning to be here for more than 3 years, at least get him ILR before you leave so that you have more flexibility in the future.

[whirly]

We are planning to move to the UK by September 09, if not sooner.

Just noticed you're planning to come by Sep 2009. There will be changes introduced next year... This may very well impact your husband but no one really knows yet. Keep reading the UKBA website and this forum.

[blisspix]

Just noticed you're planning to come by Sep 2009. There will be changes introduced next year...

Thanks Whirly

Another question (hopefully not a potential spanner...)

My husband has started to apply for jobs and has had a couple of interviews. If he ends up getting a job sooner than anticipated he will have to go the Tier2 route as I can't leave my job in Australia until March at the earliest.

If he enters on Tier2, is it still possible to switch to a spouse visa once we are both in the UK? Or would he have to return to Australia to make the application.

[whirly]

If he enters on Tier2, is it still possible to switch to a spouse visa once we are both in the UK? Or would he have to return to Australia to make the application.

I don't know enough about switching from one category to another - some applications can be done in-country while others have to be done from abroad. I can never keep them straight, so hopefully someone else will jump in with an answer for you!

My guess is that if he needs to switch from Tier 2 to spouse, he will not be able to benefit from the ILE/KOL-required accelerated timeline to ILR that he could get if he applied directly from Australia. In other words, he will have to wait 2 years on a spouse visa before ILR. But this is just a guess. Someone more knowledgeable than me might know for sure.