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ILR if partner is not resident in UK
Posted: Fri Aug 13, 2010 12:31 am
by yomyom
Hello.
I am currently in the UK on a tourist visa with my wife who is a UK citizen but we do not live nor work in the UK. we have been married over 5 years now.
I came across sites that said if we have been married for over 4 years i could apply for my ILR.
Can anyone help me with how to go about it? like
- what form do i fill?
- can i get the ILR on my visitors visa?
- is there anything i can do before returning to my country in 8 days?
thank u
Posted: Fri Aug 13, 2010 12:58 am
by vinny
No,
visitors cannot
apply for
ILR on the basis of marriage.
284(i) also prevents
visitors from
switching to FLR(M).
However, if you pass the
KOL test while
visiting the UK, then
apply for a
spouse visa with
ILE endorsement; else
apply for a
spouse visa with "
KOL REQ"
endorsement.
Satisfying the
KOL requirement before
applying for a
spouse visa would be the
much better option.
Subject to the
Maintenance & Accommodation (MAA) requirements.
Note that:
SET3.4 What is 'present and settled'? wrote:Sponsors may be British citizens. Strictly speaking, a British citizen who has been resident abroad but who returns to the United Kingdom to live is not ‘admitted for settlement’. However, if he/she expresses the intention of returning to the United Kingdom to reside, the ECO can regard him/her as present and settled in the UK.
Posted: Fri Aug 13, 2010 1:25 am
by yomyom
Thanks vinny.
I intend to write the kol in a few days. please tell me:
- what form should i fill for a spouse visa with ILE endorsement? bearing in mind that my wife, who is a UK citizen, has never lived nor worked in the UK
- Can i make this application on mine visitors visa or do i have 2 go back home and wait till Feb 2011?
- If i can apply immediately, any idea how long it would take? is there a fast track service?
Thaank u again
Posted: Fri Aug 13, 2010 1:33 am
by vinny
You may
apply for a
spouse visa from
your home country or country of residence.
Click on my
links for further information.
Posted: Fri Aug 13, 2010 2:04 am
by yomyom
Thank u vinny.
I have 1 more question i couldnt find in the links - from my home country, can i apply for the spouse visa with my present visitor visa still valid?.
thanks vinny
Posted: Fri Aug 13, 2010 2:23 am
by vinny
Yes, you can.
Posted: Fri Aug 13, 2010 8:40 am
by Wanderer
Are you intending to move to the UK? If not you can't apply.