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ILR, naturalisation, citizenship, what?

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Dan25
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ILR, naturalisation, citizenship, what?

Post by Dan25 » Mon May 21, 2012 3:46 pm

Hey!
First of all, thank you for these forums. I have read a good few topics and threads and although I'm still a little lost it's been more help than phoning the Border Agency :)

As I said, I've read a good few posts and topics but I'm still a bit lost so I thought I'd post my understanding of my situation and see what the general thoughts are.

My wife is American and has her 2-year Residence Permit - we got it a couple of weeks after we married. We have been married for two years next month so, of course, the 2-year Permit is almost up. For our first year, I was finishing university, so we made do with her income and my student loan. For our second year, we were in America with her family, living with her folks.

Our problem is this - we have had little income over the past two years and although we've scratched by without needing benefits, everything we have had has gone to her visa, my Green Card and flights to sort these two things out. We have just enough to pay for what we thought was going to be her 10-year Residence Permit but now not only are we being told several different amounts for this Permit, we've been told by different people that we are needing different things! Some have said that we're looking to get citizenship, some have said that there's no10-year Permit, still others have said that it's just another ILR.

What are we looking at?!

At the moment, we're cramming for the Life in the UK test that we were told several days ago that my wife had to take - not when we first got the 2-year permit, no. Four days ago. Needless to say we're somewhat panicked.

Furthermore, we got back to the UK last week and I was going to apply for jobseekers' allowance but since I made the appointment, I've been told that it could jeopardise my wife's application, since it shows that we cannot support ourselves without help.

But them my thinking is this:
At the moment we are living with my parents. The only thing we need to be earning is money to contribute towards food. Which isn't a lot. Other than that, we're fully supported and have everything we need. We're getting ready to move soon and we need to save up for that, but everything that we would be able to use for a deposit on a flat and the first couple of months' rent is going to this visa!

I've tried to be as concise as possible - I hope someone can help. Apologies if this is in the wrong section, but it seemed the most fitting.

Thank you for your time. I really appreciate it.
Dan.

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Casa
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Post by Casa » Mon May 21, 2012 4:15 pm

You have an additional issue to consider. If your wife hasn't completed 2 years of residence in the UK she will be unable to apply for ILR (permanent residence). She will need to apply for an extension on form FLR(M). She won't need the Life in the UK certificate for this.
http://www.ukba.homeoffice.gov.uk/sitec ... 020091.pdf
There isn't a 10 year permit by the way.

Dan25
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Post by Dan25 » Mon May 21, 2012 4:51 pm

She's been here since 2007 and has her Residence Permit.

Do you mean two full years in the UK while on her Residence Permit? Because when we were issued her Residence Permit we told them our plans to live in the US for a year and they said that it would be fine - as long as we could prove that we were living together in the USA, they said there wouldn't be problem.

Which brings us to another problem - since we were staying with her parents, we have no bills in our name for the past year...

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Post by Casa » Mon May 21, 2012 5:15 pm

Was your wife issued with a 2 year spouse visa? If so, she needs to complete 2 years residence in the UK before she qualifies for ILR. If she has been living outside of the UK for 12 months, she will need an extension in order to make up the 2 year period.
A Residence Permit is issued under EU regulations...and I'm assuming your wife switched to spouse under UK rules from a previous visa category? The previous period from 2007 until the spouse visa was issued won't count for ILR qualification.

Dan25
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Post by Dan25 » Mon May 21, 2012 5:21 pm

It says Spouse/Partner Leave to Remain.

Well that's disappointing. We were assureed it'd be ok to do and we were only out for 10 months.

She had been here on various volunteer visas and came over before we wed on a fiancee visa, which is the visa we went from to this current one.

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Post by vinny » Tue May 22, 2012 2:51 am

Her time spent outside the UK shouldn't affect her SET(M) application, if she satisfies 288. KOL required.

She may supply alternative documentation (see also form SET(M)), if she doesn't have any utility bills.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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MPH80
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Post by MPH80 » Tue May 22, 2012 7:17 am

Vinny - genuine question - wouldn't she be refused under this condition:
(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or
as she hasn't completed the 2 year period as a spouse of someone present and settled in the UK, because he's been in the USA.

You do have to declare all addresses you've lived at in the previous 2 years, so a truthful declaration would reveal the time in the US.

Alternatively, you could view that term as '2 years as a spouse, of someone present and settled at the time of application'.

Thoughts?

M.

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Post by vinny » Tue May 22, 2012 7:21 am

Settlement wrote:Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Post by Greenie » Tue May 22, 2012 8:07 am

10 months out of 24 is not a limited time. I would say there is a definite risk of refusal but equally a chance that the absence will be disregarded.

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Post by Casa » Tue May 22, 2012 11:07 am

Greenie, in your experience, would you advise a postal SET(M) application (if the KOL test is passed in time) and hope that if ILR is refused the case worker would issue a further 2 years FLR(M) automatically?

On a separate point, the lack of evidence has been mentioned (bills etc) showing joint address in the US. Dan25...do you have any proof at all of co-habitation during the 10 months you were living together outside of the UK?

Dan25
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Post by Dan25 » Wed May 23, 2012 5:48 pm

We haven't got anything by way of bills, as I said, but my wifey worked and had her cheques sent to us and I had post from home every now and then. We were told that as long as they're to the same address, we should be fine.

I've had a word with my mother-in-law and she's going to be collecting everything we missed - mainly the envelopes that contained paycheques and anything else addressed to myself that I've left there.

We had one or two things addressed to the two of us, but the majority of what we had over the 10 months was to one of us, but always at the same address.

We're pretty confident we'll get it, it's just the money that we're worried about. As I've said, we could be getting a house right now if it wasn't for this!

And we're also studying for the Life in the UK test. While my wifey has passed every mock we've done - usually with 100% - I have passed one and failed three. It's ridiculous.

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