Calling Kayalami again or any other offers of help.

I posted earlier in the week regarding my SA girlfriend. My question: My girlfriend has been in England since December 1999 with history as follows:

Dec 1999 to May 2001 : Working Holiday Visa

May 2001 to present : Work permit (although WP employment ended in Feb 2004 following redundancy. Her employer didn't notify Home Office and no letters have been received)

She's still living with me at the moment. We're getting married in the UK in August.

I understand she will be granted a 2 year spousal visa after which she can apply for ILR. However, as she's been here since December 1999, will none of the time here count towards her status.

I know her working holiday visa will not count for anything but the fact that she's been in the UK continiously and on a WP since 2001, would she still only get her ILR in August 2006, totalling her UK citizenship count at almost 8 years?

Not sure if I'm asking this right but bottomline:

After marriage, she'll get 2 years after which she can apply for ILR. The fact that she would have gotten her ILR in May next year had she stayed employed, will that not be taken into consideration or does the counter reset back to zero?

Hello

I'm not an expert but I think that to apply for ILR on the basis of marriage it is a statuary requirement that you have had leave to remain for 2 years as a spouse of a uk resident/citizen and any LTR on other categories don't count. The HO must be satisfied that the marriage subsisted for 2 years.

I'd lived in the uk for 5 years before I applied for ILR in 2002 under the unmarried partners rule. The application was refused because I'd not been given LTR for 2 years as an unmarried partner even though the HO acknowledged my relationship in 1999 and was fully aware of my intention to settle in the uk permanently. The Appeal was dismissed under the immigration rules on that point alone but allowed under Article 8.

Dan_groom wrote:After marriage, she'll get 2 years after which she can apply for ILR. The fact that she would have gotten her ILR in May next year had she stayed employed, will that not be taken into consideration or does the counter reset back to zero?

Dan, when she gets her spousal, the clock will start ticking on the 2 year probationary period it carries.