Questions from British expat on wife's ILR (hope on entry?)

[Tarpon]

Background; married and living together OUTSIDE UK for over 10 years, 4 kids age 10, 6, 4 and 1, all with UK passports.
[This sentence is in error]This means if we meet requirements she can be stamped ILR on entry, no need for 'probation' period.[end of error]
I have financial investments set aside for retirement which meets the financial requirement with out income from work.

First question;
Do I need an offer of a job in UK, even though my finances can support us without any income?

Second Question;
If I am successful in getting ILR for my wife, but we live as expat's out of UK, will she lose her ILR?
I read on the UKBA website that it can be withdrawn 'if circumstances change' so technically if we are expatriate outside UK and are not currently present and settled in UK, they could remove it...but do they ever do so?

Third question;
I know there is a change coming up in October, if I apply in Qatar for settlement before this (having met all current conditions) but my wife actually enters UK after October is she treated under the new requirements or the old? - she meets the ESOL and citizenship not the life in UK test, but after October I think this door is closed and she'd have to take the life in UK test.

Fourth Question;
If I come into UK, but my wife is not in UK, can I use the one day premium service to apply for her settlement, so she can then come and join me? (Thinks; does she have to be in UK to submit biometrics?)
OR must I apply from outside UK to enter UK together?

[vinny]

Unfortunately, immediate ILE/ILR for wife is no longer possible.

See also Partner.

[Tarpon]

Unfortunately, immediate ILE/ILR for wife is no longer possible.

See also Partner.

Really?
You may be right, and of course I hope you don't think I am being rude or anything - I just need to know, and this is a question asked with respect.

I am looking here
http://www.ukba.homeoffice.gov.uk/polic ... _partners/

282b
(b) in the case of a person who meets all of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter,

the section refered to, 281

__(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

__(b)(iii) DELETED

(ii) the parties to the marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and

(vii) the applicant does not fall for refusal under the general grounds for refusal.



P.S. extra question added to Opening Post.

[vinny]

Not applicable for new applications.

[Tarpon]

Not applicable for new applications.

Ah, I see.
I have to go out right now, but will read in detail when I get back.
Thanks very much for your help.

Edit to add
Vinny, I tried to read and understand the transition document. (It's so complex, I'll try again tomorrow)
Could you summarize for me what it means in terms of my wife not getting ILR on entry - I assume it is now that she will now get a limited leave and have to do a 'probation' - how long is the first stamp, and is ILR now only possible after the whole 5 year stay, regardless of our time outside UK? Or can she get it after the initial visa on entry.

[vinny]

A277 implies she is now subject to Appendix FM.

In particular, D-ECP and subsequently, D-LTRP, prior to E-ILRP.

Consider alternative.

[Casa]

Vinny's given you the relative links. 2.5 years probationary visa, followed by a further 2.5 years before your wife will qualify for ILR. Financial conditions have to be met at all stages.
You haven't mentioned where your investments are held, but bear in mind that you will need to show £62,000 in funds when you submit the visa application, which are instantly available to you. e.g shares which need to be sold won't be considered.

[Tarpon]

Thanks so very much Vinny and Casa.

So its pretty much bad news for what I had believed to be possible.


My situation is actually quite unusual, in that my ideal solution would involve my wife staying in UK while I work overseas to fund her. As a teacher in UK I dont earn much, as a teacher overseas I can make much more.
Is there any way this can be done officially, or do I have to actually be physically in UK?
It seems that I should be physically present, but you guys have already provided one awesome option the alternative route via Europe, and I wonder if there is a way to be working as an expatriate and still fulfill the requirements. For example; if I pay tax in UK, or own rental property in Uk, or work a specific number of days in UK, or am registered for 'supply work' as a teacher in UK ( bear in mind as a teacher I get a long chunk of holiday, when I could actually come and work in UK.)

It seems that a Brit in UK has less rights to bring family (i.e. spouse) to UK than a non-Brit European. I may end up going through the alternative suggested, but this may not be possible in the very near future.