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Wife spouce visa and ILR in 2016

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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keepsim
Junior Member
Posts: 74
Joined: Tue Nov 20, 2012 12:44 pm

Wife spouce visa and ILR in 2016

Post by keepsim » Tue Mar 26, 2013 10:07 am

Hi Guys
Just want to pick on your brains to figure out do you foresee any issue with so many number of days outside uk when my wife current uk term expires. I am worries in 2016 ( still long way i know) will she have problem applying for ILR or later for citizenship ?


My wife would be traveling to home country for almost 130 days this year , below are visa with timeline. Last year she had spent 40 day making grant total of 170 days. Also mind there could be few more visits until 2016 making her total days may be lets say 250-300 days .

10 Nov 2011 Spouse visa (valid upto 20 Jan 2013 because my visa was valid until then )

10 Jan 2012 renewed until 10 Jan 2016 ( Spouse Visa)

I am on ILR.
Last edited by keepsim on Tue Mar 26, 2013 11:42 am, edited 1 time in total.

elv15
Member
Posts: 134
Joined: Mon May 10, 2010 1:37 pm

Post by elv15 » Tue Mar 26, 2013 11:07 am

Was your wife not entitled to ILR?
Please note that what i post is only a personal opinion. Im no expert lol.

keepsim
Junior Member
Posts: 74
Joined: Tue Nov 20, 2012 12:44 pm

Post by keepsim » Tue Mar 26, 2013 11:43 am

elv15 wrote:Was your wife not entitled to ILR?
thats correct she had not completed 2 yrs in UK.

vinny
Moderator
Posts: 32916
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Mar 26, 2013 12:30 pm

She may apply for SET(M) 28 days before she completes her qualifying period.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

keepsim
Junior Member
Posts: 74
Joined: Tue Nov 20, 2012 12:44 pm

Post by keepsim » Tue Mar 26, 2013 12:37 pm

vinny wrote:She may apply for SET(M) 28 days before she completes her qualifying period.
are you saying her being out of UK even for around 300 days wont be a problem ? I guess its a problem when main candidate is over 180 days ?

vinny
Moderator
Posts: 32916
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Mar 26, 2013 12:45 pm

See also Time spent outside the UK.

She should show that the marriage was subsisting for the entire period, especially for periods spent apart.
287. (a) wrote:(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and
I'm guessing that she qualifies under the old rules?
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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