NEED URGENT ADVICE for DEPENDENT VISA REQUEST (Husband owning ILR)

Friends,

Need your urgent suggestions on how to proceed and handle this situation.

1) I am owning an UK ILR (Permanent Residency) since 2012 onwards.
2) Had travelled from UK to Netherlands (My current location) back in May 2013 as new project requirement from my company. Since then located in Netherlands and had been travelling to UK once in 2 years to have UK immigration stamping done on my Passport which also kept my UK ILR active till date.
3) My wife currently owns Netherlands work permit and working in NL. She had never travelled to UK before.

Currently, we want to apply for the dependent UK VISA for my wife.

Challenge would be I being the sponsorer my wife VISA and I myself is overseas UK from past close to 5 years. I do not have an permanent address in UK as well as active bank account in UK now.

Do we have any of our friends here who had gone through similar situation and had successfully applied dependent VISA for their partner/Wife?

This visa needs to be in place before 15th April 2018. Hence, any help or suggestions would be highly appreciated. Many thanks

NL2UK wrote: ↑

Wed Feb 07, 2018 7:56 pm

Friends,

Need your urgent suggestions on how to proceed and handle this situation.

1) I am owning an UK ILR (Permanent Residency) since 2012 onwards.
2) Had travelled from UK to Netherlands (My current location) back in May 2013 as new project requirement from my company. Since then located in Netherlands and had been travelling to UK once in 2 years to have UK immigration stamping done on my Passport which also kept my UK ILR active till date.
3) My wife currently owns Netherlands work permit and working in NL. She had never travelled to UK before.

Currently, we want to apply for the dependent UK VISA for my wife.

Challenge would be I being the sponsorer my wife VISA and I myself is overseas UK from past close to 5 years. I do not have an permanent address in UK as well as active bank account in UK now.

Do we have any of our friends here who had gone through similar situation and had successfully applied dependent VISA for their partner/Wife?

This visa needs to be in place before 15th April 2018. Hence, any help or suggestions would be highly appreciated. Many thanks

Literally impossible.

problem 1:
ILR is indefinite leave to REMAIN - meaning you are expected to stay here... You are very lucky you haven't had it superceded with a visitor stamp as short visits are not meant to 'reactivate' ILR.

problem 2:
You need to prove accommodation in the UK as a requirement of the visa - a rental agreement, land registry, letters allowing you to live somewhere etc...

problem 3:
You must prove that you have earned £18,600 in the last year AND that you have a job offer to start within 3 months of your arrival back in the UK - with this it will raise suspicion about your ILR status (see problem 1).

problem 4:
Processing times for visas can take anywhere from a few days to many many months, so no guarantees of approval by mid-April.

problem 5:
When you submit evidence of your relationship for the length of your relationship, it will become evident you have not been living in the UK and thus, may lose your ILR status.

I can't see how all 5 of these problems can be overcome...

Hi Physicskate,

Thank you for your quick response on my post. I have some comments on 5 points. Pls do suggest me if they are wrong or with those points, I can proceed further with application.

problem 1:
ILR is indefinite leave to REMAIN - meaning you are expected to stay here... You are very lucky you haven't had it superceded with a visitor stamp as short visits are not meant to 'reactivate' ILR.

[COMMENT] - Agreed. I had travelling from NL to UK twice in last 5 years to get VISA stamping done. They did asked me for address in last visit back in April and gave me an warning that - I should have an address as an ILR holder.
This time, we are planning to relocate to UK for good from NL.

problem 2:
You need to prove accommodation in the UK as a requirement of the visa - a rental agreement, land registry, letters allowing you to live somewhere etc...

[COMMENT] - As immediate evidence, I am planning to give house address of my friend who is currently settle in UK. He will also produce an letter with our names on it. We will also submit an written document that its an temporary accommodation and we will search for house for long term accommodation.

problem 3:
You must prove that you have earned £18,600 in the last year AND that you have a job offer to start within 3 months of your arrival back in the UK - with this it will raise suspicion about your ILR status (see problem 1).

[COMMENT] - Can we show earnings which is done in Netherlands as proof? Both myself & wife can produce bank and salary statements which can be given as evidence. On other question, Myself (Main ILR holder) has secured job in UK which I will start moment I arrive in UK. Dependent currently working and will start job hunt once we have VISA in hand.

problem 4:
Processing times for visas can take anywhere from a few days to many many months, so no guarantees of approval by mid-April.

[COMMENT]- Clear. We are hoping it will be a smooth ride with all these complicated scenarios which we have with this application.

problem 5:
When you submit evidence of your relationship for the length of your relationship, it will become evident you have not been living in the UK and thus, may lose your ILR status.

[COMMENT] - We have been married for last 4.5 years and we are in NL since then. Myself had travelled twice to get the stamping. Do you mean, marriage certificate as an evidence?

It is up to you to understand what visa you are applying for and the requirements of that visa. You have A LOT of reading to do, but I'd recommend you start here:

https://www.gov.uk/uk-family-visa/partner-spouse

https://www.gov.uk/government/uploads/s ... _Final.pdf

A lot of the evidence will be unique to you and the requirements of the visa are vast and many.

I am shocked (and a little appalled actually) that they let you keep your ILR at your last entry.

Thank you again physicskate. I will go through the links.

I had discussed with one of the solicitor as this is not an straightforward case. He has assured that, this can be done with some additional documentation and would charge fees of around 1300 Pounds.

DO you recommend me to go ahead via any solicitor to get their expert consultation or do it on by own?

You may also wish to look at this similar question (as regards retention of ILR), asked a while back in another forum. You may want to go through the whole thread to understand the broader picture. Simply put, entering the UK for short visits does not retain ILR. You are expected to be resident in the UK, not merely physically present.

Be aware that applying for a spouse visa will of course cause a re-examination of your ILR status, as your spouse's visa is dependent on your status. And it is possible that the Home Office may decide that your ILR status has in fact lapsed.

Even assuming that your ILR status is upheld, your extensive absences from the UK will of course delay any plans you may have had for any application for UK citizenship.