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ILR application, husband british working overseas

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mo8
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ILR application, husband british working overseas

Post by mo8 » Mon Jul 09, 2012 11:51 am

Hi would be very grateful for some answers.

My husband is a British Citizen who was working in the UK when I applied for a spouse visa in India, I was granted the spouse visa.

Valid from 18-05-2010
Valid until 18-08-2012
Entry to UK 07-06-2010

During this time i have traveled out of the UK a few times, I am currently in the UK with my Husband.

He now has been working outside of the UK, for a non UK company.

I had a baby in the UK in September 2011.

Im I able to apply for a ILR (SETM) visa?

Many Thanks for any help in Advance.

MPH80
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Post by MPH80 » Mon Jul 09, 2012 12:31 pm

I'm confused - you contradict yourself in two sentences:
During this time i have traveled out of the UK a few times, I am currently in the UK with my Husband.

He now has been working outside of the UK, for a non UK company.
He's either here or he isn't.

Is he working abroad permanently? Is he settled there? Is he just there a couple of days a week?

M.

mo8
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Post by mo8 » Mon Jul 09, 2012 5:10 pm

MPH80 wrote:I'm confused - you contradict yourself in two sentences:
During this time i have traveled out of the UK a few times, I am currently in the UK with my Husband.

He now has been working outside of the UK, for a non UK company.
He's either here or he isn't.

Is he working abroad permanently? Is he settled there? Is he just there a couple of days a week?

M.
He has been working abroad since Dec 06 2011, as the economy here is difficult, he is now here in the UK for a few weeks doing some research

MPH80
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Post by MPH80 » Mon Jul 09, 2012 5:29 pm

How much is he here against being away?

mo8
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Post by mo8 » Mon Jul 09, 2012 5:34 pm

MPH80 wrote:How much is he here against being away?
the last time he has worked in the UK was end June 2010, and has been traveling in search of work, coming to the UK 2 or 3 times a year for a few weeks atime, 2011 he was in the UK for 6 months at a stretch, and then out for 6 months and now back July 2012 for a few weeks. I also have traveled with him a couple of times.

mo8
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Post by mo8 » Tue Jul 10, 2012 9:49 am

Hi would appreciate some help/reply

As applying for ILR is expensive, can i apply for ILR, even though my husband is working outside the EU.

having a ILR will make life much more easier to come and go from the UK, bring our son to visit family, and later live etc

asim72
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Post by asim72 » Wed Jul 11, 2012 12:04 am

I suggest you get professional advice too if possible. The question is not that if you can apply for ILR, as anyone and everyone can apply for ILR. The question is, how likely are you to get an ILR.

I do not have any insight into this kind of scenario, but spouse visa is given so that a couple can reside in UK. Its not given so that one partner stays in UK and other works abroad or only causually lives in UK.

The visa is given for "person present and settled in UK". Now its tuff to predict how caseworker going to decide whether he can be regarded as "present and settled".

For ILR its a requirement that couple have lived together for 2 years. Again its hard to predict in your case, what criteria will the caseworker apply to decide whether you have lived together in UK or not.

Not a very technical or legally sound opinion, just my two pence.

mo8
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Post by mo8 » Wed Jul 11, 2012 8:03 am

asim72 wrote:I suggest you get professional advice too if possible. The question is not that if you can apply for ILR, as anyone and everyone can apply for ILR. The question is, how likely are you to get an ILR.

I do not have any insight into this kind of scenario, but spouse visa is given so that a couple can reside in UK. Its not given so that one partner stays in UK and other works abroad or only causually lives in UK.

The visa is given for "person present and settled in UK". Now its tuff to predict how caseworker going to decide whether he can be regarded as "present and settled".

For ILR its a requirement that couple have lived together for 2 years. Again its hard to predict in your case, what criteria will the caseworker apply to decide whether you have lived together in UK or not.

Not a very technical or legally sound opinion, just my two pence.

I have just gone through form FLRM its also for partner of a person present and settled in the UK.

So my visa will expire in August, if I cant apply for ILR and FLR due to partner of a person present and settled in the UK. Does that mean I cant have any Visa, when I have a British husband and a British son, very confusing

asim72
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Post by asim72 » Wed Jul 11, 2012 9:11 pm

There is no visa for wife of a British citizen, or mother of a British citizen.
The visa is for wife of a person who is present and settled in UK.

I suggest you get professional help. Do not treat this as an easy DIY project.

mo8
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Croydon PEO

Post by mo8 » Sun Jul 29, 2012 9:40 pm

Me My Husband and 11 year old month son, applied for my ILR visa at Croydon PEO on 25-07-2012 09:10, we arrived 2 hours late, and were allowed to still submit our application.

The process of going in to Lunar house is the same that has been mentioned many times on the forum.

We put together cohab docs, spread over the 2 years of the spouse visa dates.

Submitted husband bank statements 3 months, mortgage statement 2012, husband has lived at permanent address for 32 years, UK credit card statement latest of his and mine, CB acceptance letter, Life in UK cert, baby birth cert, GP letters addressed to the parents/guardians of baby.

My passport and passport with maiden name, my husbands passport, babies passport (just copy)

Everything submitted a photo copy of each was clipped to the original, organised 2010 to present

forms filled out dated and signed, with photographs attached.

1 plastic folder for forms and passports
1 plastic folder for my docs
1 plastic folder for my husband docs
1 plastic folder for baby docs

1st Arriving late, formalities
2nd told we could be seen (we had drove 6 hours starting at 4am)
3rd Token number given
4th, taken to the 1st floor by lift, as we were with the baby push chair
5th paid at the cashier counters
6th number called out, lady asks for payment receipt, token number, forms and passports, said she would enter into the system.


all above happened one after another instantly 30 mins later lady gave back what was submitted.

7th an hour wait and biometrics were taken,
8th, after and hour and a half number called out again, asked to submit forms, passports, and docs, told would take a couple of hours, could go out if we liked/
9th went out to the town center got dairy things for baby, back to car park, then back to the PEO after 90 mins
10th 30 mins later number called out, all originals given back and letter of approval stating biometric card would be sent within 7 working days, this was received on the 27th, 2 days later

My husband told me, that he is British and this is his country, we are married, we dont need benefits for living, and that he had never ever claimed any benefits, had nothing to hide, and he would apply in person without the need of a solicitor or agent, to pay to tell you the obvious.

The UKBA website is confusing, this is to deter fake people but in this real people are confused, and end up paying double fees using a solicitor or agent.

It was a long day as it took 6 hours to get there, entered PEO at 10.40, and left at 16:20, all staff at the PEO were helpful, good mannered, and doing their job.

Hope this can help others in similar situations UKBA want assurances of being married, having a home, having savings, and your not going to take advantage of State Benefits, good behaved characters basically.

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Casa
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Post by Casa » Mon Jul 30, 2012 9:19 am

Well done. Did you declare that your husband is living/working outside of the UK and only visiting occasionally? I'm asking this for others who may be in a similar situation and are considering a PEO application.

mo8
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Post by mo8 » Mon Jul 30, 2012 11:48 am

@casa

we had made a cover letter explaining my absences and my husbands, but never gave the letter when we submitted our case, we had one if they asked, we were not asked any questions.

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Casa
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Post by Casa » Mon Jul 30, 2012 12:12 pm

So presumably they weren't aware of your husband's absences?

mo8
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Post by mo8 » Mon Jul 30, 2012 12:26 pm

we were not asked any questions, my husband passport is full of entry and exit stamps, they had my husband passport to check , they asked us no questions.

tamilmaran
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Post by tamilmaran » Mon Jul 30, 2012 1:36 pm

Well done.

I guess, it is all because he is British Citizen.

UKBA get all the details of In and OUT of UK within fraction of seconds in their system. It was really not a problem as long as you pay council taxes and not claim any benifts.

All the best.

Regards

Tamilmaran

maccers1018
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Re: Croydon PEO

Post by maccers1018 » Wed Sep 19, 2012 6:41 am

Hello, I'm glad that I found your post here. I have a similar situation as you. And also I've got loads questions to ask you. Is that possible to use emails to communicate with you? My email is: magic.mary@hotmail.com

Cheers!
mo8 wrote:Me My Husband and 11 year old month son, applied for my ILR visa at Croydon PEO on 25-07-2012 09:10, we arrived 2 hours late, and were allowed to still submit our application.

The process of going in to Lunar house is the same that has been mentioned many times on the forum.

We put together cohab docs, spread over the 2 years of the spouse visa dates.

Submitted husband bank statements 3 months, mortgage statement 2012, husband has lived at permanent address for 32 years, UK credit card statement latest of his and mine, CB acceptance letter, Life in UK cert, baby birth cert, GP letters addressed to the parents/guardians of baby.

My passport and passport with maiden name, my husbands passport, babies passport (just copy)

Everything submitted a photo copy of each was clipped to the original, organised 2010 to present

forms filled out dated and signed, with photographs attached.

1 plastic folder for forms and passports
1 plastic folder for my docs
1 plastic folder for my husband docs
1 plastic folder for baby docs

1st Arriving late, formalities
2nd told we could be seen (we had drove 6 hours starting at 4am)
3rd Token number given
4th, taken to the 1st floor by lift, as we were with the baby push chair
5th paid at the cashier counters
6th number called out, lady asks for payment receipt, token number, forms and passports, said she would enter into the system.


all above happened one after another instantly 30 mins later lady gave back what was submitted.

7th an hour wait and biometrics were taken,
8th, after and hour and a half number called out again, asked to submit forms, passports, and docs, told would take a couple of hours, could go out if we liked/
9th went out to the town center got dairy things for baby, back to car park, then back to the PEO after 90 mins
10th 30 mins later number called out, all originals given back and letter of approval stating biometric card would be sent within 7 working days, this was received on the 27th, 2 days later

My husband told me, that he is British and this is his country, we are married, we dont need benefits for living, and that he had never ever claimed any benefits, had nothing to hide, and he would apply in person without the need of a solicitor or agent, to pay to tell you the obvious.

The UKBA website is confusing, this is to deter bad quality people but in this real people are confused, and end up paying double fees using a solicitor or agent.

It was a long day as it took 6 hours to get there, entered PEO at 10.40, and left at 16:20, all staff at the PEO were helpful, good mannered, and doing their job.

Hope this can help others in similar situations UKBA want assurances of being married, having a home, having savings, and your not going to take advantage of State Benefits, good behaved characters basically.

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