"normally and legally resident"

Splink · Post by **Splink** » Mon May 31, 2010 4:43 pm

Hi All,

This is my first post on here.

My wife and I are applying for her UK spousal visa (definite leave to remain).
We have got all our folders together and appointment booked for June.
She is a Colombian applying from France. She has lived in France for 4 years (1 year on work permit, 3 on student visas applied for on a yearly basis)

We have just noticed that according to the UKBA rules,

Other applications [e.g. settlement applications] should be made at a visa application centre or visa section in your home country, or where you are normally and legally resident.

Does anyone know what "normally and legally resident" means? Are there any more precise instructions on this? Is my wife "normally and legally" resident in France?

Is there anything we can include to help show that this is the case, except her current visa for France?

I'd appreciate any help,

Regards

Post by **geriatrix** » Mon May 31, 2010 4:53 pm

Splink wrote: Is my wife "normally and legally" resident in France

Yes.

regards

Splink · Post by **Splink** » Mon May 31, 2010 4:55 pm

Ok, thank you. I was told by a (paid) advisor that technically they could reject her....

Post by **geriatrix** » Mon May 31, 2010 5:04 pm

AIUI, normally resident means where one spends 183 days or more in a year and legally resident means one must have permission to live in the country.

regards

Splink · Post by **Splink** » Mon May 31, 2010 5:07 pm

Thank you, that's brilliant. Can I ask what your source is? Or is that too complicated :S

Post by **geriatrix** » Mon May 31, 2010 5:13 pm

Normal residence
Legal resident alien

regards

Splink · Post by **Splink** » Mon May 31, 2010 5:49 pm

That's great. Thank you.

Second opinions anyone?

And any answers to this ?

Is there anything we can include to help show that she is a normal and legal resident, apart from her current visa for France?

regards

HRY2005 · Post by **HRY2005** » Mon May 31, 2010 6:12 pm

Splink wrote:That's great. Thank you.

Second opinions anyone?

And any answers to this ?

Is there anything we can include to help show that she is a normal and legal resident, apart from her current visa for France?
regards

I think every other acceptable documents would supports her visa (i.e Bank Statement, Utility bill etc)

gupta75 · Post by **gupta75** » Thu Jun 23, 2011 3:33 pm

Hi Splink,

I am applying for Uk dependent visa exactly like your case.

Could you please tell me if your visa application from France was processed successfully or not? (any other tips are also greatly appreciated)

Thanks!

Post by **Casa** » Thu Jun 23, 2011 3:45 pm

What do you mean exactly by the term: definate leave to remain?
If you mean ILR (Indefinate Leave to Remain) she won't be able to do this from France.

Post by **vinny** » Thu Jun 23, 2011 7:06 pm

Where to apply - the policy

Splink · Post by **Splink** » Thu Jun 23, 2011 10:35 pm

Definite is the opposite of indefinite. It's the definite 2 year period which is necessary before applying for the ILR.

gupta75 - we were successful, yes and have been happily living in England since August. It took months of preparation though and an awful lot of paperwork. We estimate that we spent 30+ hours preparing the dossier!!!
We paid an agency to help us so I believe we did everything to perfection (although there were still doubts, hence this post..).

Splink · Post by **Splink** » Thu Jun 23, 2011 10:36 pm

Oh, and I forgot to say : thanks to everyone for their help

esp.
sushdmehta!

Post by **Casa** » Fri Jun 24, 2011 10:46 am

What your wife had was Limited Leave to Remain...the 2 year visa prior to applying for ILR.

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