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ILR and Getting married

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gkumar
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Posts: 8
Joined: Mon Jun 21, 2004 1:09 pm
Location: Edinburgh
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ILR and Getting married

Post by gkumar » Thu Jul 08, 2004 1:27 pm

Hi,

I got ILR last month. I am getting married in november. She is 24 and indian. Marriage is in India and will be religious and formal. Can my wife apply for ILR or what what other visa she should apply for immediately after marriage.

Regards,
Gandhi kumar
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Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Jul 08, 2004 1:44 pm

You can apply for your wife to join you in the UK. This is on the basis of her marriage to a person present and settled in the UK. She must demonstrate that she meets the requirements of the immigration rules.

para 281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

(b) the applicant is married to 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 at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage 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.
Check out the British High Commission in India site for specific country instructions and the relevant forms - VAF 2 Settlement + supporting documents.

The Entry Clearance Officer will primarily focus on (iv) and (v) so sort out your bank statements/ pay slips and mortgage deeds/ tenancy agreements. note that (i)b does not apply in your case. You may also wish to refer to posts by 'Ge' where forum members have responded to Q's on the same process.

Congratulations on the wedding and best wishes for the future.
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