ILR if partner is not resident in UK

[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

[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:

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.

[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

[vinny]

You may apply for a spouse visa from your home country or country of residence.

Click on my links for further information.

[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

[vinny]

Yes, you can.

[Wanderer]

Are you intending to move to the UK? If not you can't apply.