Spouse ILR, over 50% of time in UK in 2 years after marriage

Hello.

My husband is on a 2 year souse visa, which he applied for in the UK, and we wish to apply for ILR 28 days before it expires.

However we have been living and working in 2 other countries during this 2 year period, but we have still been in the UK for just over 50% of the time and can prove this and prove we have been living together all of the two years and can sustain ourselves in the future etc.... we have perfect documentary evidence for everything, and he is going to take the "Life in the Uk" test.

However there seems little solid guidance on whether spending just over 50% of our time in the Uk in the 2 years is sufficient enough to get ILR.

With the recent price hikes having an ILR application refused becomes expensive... Does anyone have any experience here. Or does anyone know where in writing we can find how a case worker would make a decision in our case? Or is it really just LUCK.
Thanks.

Hi there

My wife is on a spouse visa and we have been living in Holland for about a year (well, she has spent exactly 270 days outside of the UK) - I have a letter form my employer, boarding cards of our travel (important, as my passport will not prove european travel!), letters addressed to our address there etc. I think I have enough to say that we were there only temporarily and our home is in the UK. My wife has an ESOL qualification.

I guess the question is what you were doing in those countries, whether you lived together and how to prove it, and whether you travelled together. If you read the immigration rules, it says the entire probationary period does not have to be spent in the UK, but each case is judged on its merits and what the stay abroad was for etc. remember you will need to send in lots of evidence

Good luck!

We are in a similar situation to you.
I am British and my husband South African, and am an IT consultant. I was working two 5 month stints in two seperate countries, in the period of his 2 year spouse visa. I have proof of all that, and proof my husband was with me all the time.
However I still feel unhappy that there are no solid guidlines here. I work in the UK inbetween, I pay UK taxes, I bring my gains in other countires back to the UK economy, but I still have to feel uncertain about whether my husband will be able to get ILR.
My case has "merits" as I see it. However having to gamble on the mood of a case worker on the day, and not solid immigration law is not a nice feeling.
Anyone else with more experience here?

HLP wrote:However there seems little solid guidance on whether spending just over 50% of our time in the Uk in the 2 years is sufficient enough to get ILR.

That might be true, but judging by the experience of the OP here there is a chance that your case might not succeed. You might have better luck with postal application than an in-person one done with a PEO.

Hi killinghall

when is your appointment?
I'd really like to know how your case goes?
I noticed in the "here" link in the previous post that things are fine if you only leave for 90 days per year in the 2 year period. However you and your partner, and me and mine have both left for about the same amount of time, 270 days, for work. However mine was split into two 5 month stints. If yours goes fine, I have hope for ours.

Jabi we will definately be going in person.

Our case isn't "too complicated" I do not think to justify having to make a postal application.
The other couple had been seperated during their two years. And we absolutely haven't.

Nice smiles and an honest verbal explanation are bound to help us aren't they?

After looking at the IDI section 4.5 :
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary
I think that with a good wind our application should go smoothly.

A nice smile won't get you anywhere with the HO...

If you have been away (i.e. out of the UK) for 10 months out of 24 months, that might be a problem. I don't know what they will say about you leaving together, rather than one staying in the UK.

But you will definately have problems with your spouse's naturalisation applications, even if he does get ILR (and killinghill's wife, too). One of the requirements for naturalisation as the spouse of a BC is:

BIA website;

7. The residential requirements are that:

a. the person applying was in the United Kingdom (see Note3) at the beginning of the three-year period that ended on the date the application is received;
b. on the date the application is received, the applicant's stay in the United Kingdom is not subject to any time limit under the immigration laws (see Note 5);
c. in the three-year period, he or she was not outside the United Kingdom for more than 270 days; and
d. in the last 12 months of that three-year period, he or she was not outside the United Kingdom for more than 90 days; and
e. he or she was not at any time in that three-year period, in the United Kingdom in breach of the immigration laws.

You would both have failed point c, and if you continue to spend any more time outside the UK (even for a holiday) it might be refused. I could not find anything for ILR applications, but you can check with BIA before applying if you are not certain. Killinghill...are you in Holland with an EEA permit?

Sorry that should read "killinghall".

HLP, I'm doing a postal application on the 18th april, not in the PEO, as I think as sakura has mentioned, that a postal application will give them more time to reflect on the application and the circumstances surrounding, rather than getting it in time to be processed on the day. I would echo sakura's comments and urge you to re-think and maybe do a postal app.

sakura, when my wife arrived on a spouse visa in may '05, it was only very recently to that it was decided to go on secondment. so i think the answer to your question is, my was was on a spouse visa, came to the UK (may '05), went to holland (june '05), and after the secondment finished (may '06), arriving back on the same spouse visa. no EEA permits involved.

You are right about BC, however the rules say up to 270 days is ok, and they normally disregard absences up to 300 or so days. even if you spent more days than that, its not an automatic rejection, rather they look to see if the applicant has established a greater part of their estate and home here, which we have.

Killinghall,

I guess we'll have to wait and see what they say about your ILR application to determine whether the BC application might be a problem also.

I wonder, though, if you decided to take a holiday (i.e go somewhere for a few weeks, or visit your wife's family for a month or so) if it counts up to 300 days and what they will say. I don't understand why they make a rule saying you can't be out of the UK for more than 270 days and then they say they will 'disregard' absences of 300 days...I thought it was a discretionary thing?

We won't have any problems with BC if we wait and only apply for it once we have 3 years behind us without being out of the UK for 270 days. Which for us will be 3 years and 5 months after we got married. But hey a passport is not everything anyway.

I am still definitely going in person. I feel far more comforatble doing this. We did our last application in person and if you lay everything out simply and they are able to ask you questions on the spot things are a lot clearer. I can't do with the angst of waiting to find out.

i agree, it makes it really murky with regards to the absences! anyway, here is a extract from the policy instructions for naturalisation!
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

Absences totalling 300 days - normally disregard.
Total Absences of up to 540 days - consider disregarding
only if the application is otherwise in order, and if applicants
have established their home, family and a substantial part of
their estate here. We should also expect:
at least 1 years residence (without substantial
absences) immediately prior to the 3 year qualifying
period. If the period to be disregarded is greater than
450 days, the period of prior residence should
be at least 2 years;