Settlement Visa and ILR

[anandakmklm]

Hi,

I am a US Citizen and recently married to a UK Permanent Resident. I am planning to apply for my settlement Visa and I do have the following questions.

1. I am planning to travel to UK within a month of getting the spouse Visa. Can I travel back to US as soon as get the Visa by mail? (Due to the nature of the job, might need to go to US for few months)

2. The reason I am making my inital short trip to UK is for getting the start date of two years of stay for ILR and not lose couple of months for the two year ILR-period. Is there any problem with this approach?

I would appreciate if anyone could provide some feedback. Thanks for your help.

[Casa]

Can you clarify what you mean by this? ;
'as soon as get the Visa by mail?'

In the meantime you should bear two points in mind. The first that leaving almost immediately for several months means you will not have completed the full 2 years residence in the UK with your Spouse. It may also bring into focus the validity of the relationship.
Secondly the Government are proposing to extend the 2 year Spouse 'probationary' period to 5 years. This is awaiting official approval at present following the consultation paper.

[batleykhan]

Hi,

I am a US Citizen and recently married to a UK Permanent Resident. I am planning to apply for my settlement Visa and I do have the following questions.

1. I am planning to travel to UK within a month of getting the spouse Visa. Can I travel back to US as soon as get the Visa by mail? (Due to the nature of the job, might need to go to US for few months)

Yes you can. In fact you can arrive in the UK within 3 months after your spouse visa has been issued without any implication for the next stage of your visa process which is the ILR after spending 2 yrs living in UK. I don't know what you mean by your mail visa though

2. The reason I am making my initial short trip to UK is for getting the start date of two years of stay for ILR and not lose couple of months for the two year ILR-period. Is there any problem with this approach?

You are allowed to spend short period out of the UK within the 2 yrs limits to go on holidays etc with no implication for ILR. Although there is no definitive term of absence outside the UK in the 2 yrs period,I am of the opinion that spending some 3-4 months out of UK in this time MAY cause problems with ILR application

I would appreciate if anyone could provide some feedback. Thanks for your help

Hope this helps

[geriatrix]

See also See also Time spent outside the UK.

[anandakmklm]

Casa, batleykhan and sushdmehta,

Thanks for your time and feedback. I really appreciate your help.

I am sorry that I believe I am getting confused with the Biometric Residence Permit. Do all Spouse Visa applicants get the Biometric Residence Permit by mail/hand delivery or only those applicants who changed their status in UK will get it?

I am trying to cut the loss of the two year ILR period if possible and as Casa mentioned, the ILR time period might go even upto 5 years with some new bill and hence it might be a moot point in future.

I believe that I might've to file for FLR(M) in case I do fall short on the ILR-time period.

I've been reading lot of all of your posts/replies to queries since last week and was able to get some idea regarding the UK-Spouse Visa Immigration process. I would like to thank you guys for helping us out.

[Casa]

Where will you be submitting your application? You appear to be suggesting that you will be issued with a visa by mail in the UK and then intend to travel back to the US. Where are you now?

[anandakmklm]

Casa,

Thanks for the response. I am based in US and will be applying from US (New York office).

I misunderstood the UK-spouse immigration process and thought will get some document (Biometric Resident Permit) by mail. I am sorry for the confusion.