ILR for spouse returning after long holiday

[lunatfr]

Hello experts,
I am an ILR holder converted from HSMP. I got married just before my HSMP renewal such that we both had visa until may2011. But due to judicial review the time for ILR was cut short to 4 years and were eligible for it.

But my spouse was out of country at that time so I have received my ILR, but she didn't as she was away for 9 months and now coming back only few weeks before her visa expires!!

she hasnt appeared for any english test / life in the UK test. My question are:

1) do you think its a complex case and would be difficult to get ILR / extend visa because of her long stay outside the country.
2) Will she require to give english test / life in the uk test. Or would she be covered under judicial review like being a spouse of once HSMP holder.
3) Can she have any problems at the airport? or any special documents you think she might need to keep along?

Would really appreciate if you could give your thoughts on it. Thanks in advance.

[geriatrix]

But my spouse was out of country at that time so I have received my ILR, but she didn't as she was away for 9 months and now coming back only few weeks before her visa expires!!

If your wife intends to return to UK on an HSMP / PBS dependant visa at a time when you are a settled person, she may be denied entry (321(ii), 321A(1)).

In such case, she should apply for entry clearance as spouse of a settled person before travelling to UK.

[lunatfr]

she is in india right now. does that mean she will have to apply as dependent of ILR person over there and also appear for life in the uk test and english language test(also she has had her bachelor degree in english, not sure if that helps).

I am about to apply for naturalization next month, would that make any difference in type of applications?


thanks

[geriatrix]

she is in india right now. does that mean she will have to apply as dependent of ILR person over there and also appear for life in the uk test and english language test(also she has had her bachelor degree in english, not sure if that helps).

Yes (apply for dependant of ILR person), for which English language requirement must be met. LITUK is not required.

I am about to apply for naturalization next month, would that make any difference in type of applications?

No.

[lunatfr]

Thanks for the replies, So I will need to do the following to apply for her indefinite leave to remain in the UK as a dependent of settled person. As she has already stayed in the uk for approx 2 years(including few holiday break of less than 90 days outside country) .

1) Apply using a VAF4A form
Documents
- marriage certificate
- letter from her college that the instruction was in english. (Does she need to get NARIC approved?)
- my last 3 months bank statements + payslips (not mentioned in guide, is it really required?)
- proof of my residence

Please correct me if anything need to be added/removed. Thanks once again.

[geriatrix]

Indefinite leave to remain or any form of "leave to remain" can only be applied for from within the UK. She will not be applying for "indefinite leave to remain" in India but for "leave to enter / entry clearance / visa as spouse of settled person".


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