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Married but living apart?!?!?!

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morningtheft
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Married but living apart?!?!?!

Post by morningtheft » Mon Apr 05, 2010 3:25 am

Hello, I'm an American who's living with her long-term boyfriend in the UK. I'm on a student visa which expires next year. The only way for us to stay together is by getting married (I've already done the post-study work visa).

Problem is, because of our different work commitments, we would either have to live apart (by about 50 miles) for a few years or one of us would have to commute for 4 hours a day. Neither of us would like to do that. We would, of course, maintain our relationship through the long distance and spend our weekends and holidays together.

I'm not so worried about getting FLR(M), as we do live together now. But in two years' time, when it comes to getting ILR (I believe?), would we automatically be refused because we hadn't been living together the whole time? Does anyone have experience of a similar situation?

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Casa
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Post by Casa » Mon Apr 05, 2010 11:44 am

Under current regulations (which are due to change in July 2011 when ILR will be replaced with Probationary Citizenship), you will need to submit proof of joint address...bills/letters etc spread over the full term of your FLR.
Presumably you will continue to have joint bills/statements addressed to you at the address you share with your husband. This will be what the Home Office will expect to see.

morningtheft
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Post by morningtheft » Mon Apr 05, 2010 6:01 pm

Casa wrote:Under current regulations (which are due to change in July 2011 when ILR will be replaced with Probationary Citizenship), you will need to submit proof of joint address...bills/letters etc spread over the full term of your FLR.
Presumably you will continue to have joint bills/statements addressed to you at the address you share with your husband. This will be what the Home Office will expect to see.
I would continue to have official things addressed to our joint address, no problem. And this would be deemed acceptable? My boyfriend is worried that they'd consider it a con, if I was only living with him during the weekends and holidays.

Another thing... could you (or anyone) clarify the process of gaining permanent residency through marriage? I had thought that first (if you're applying from within the UK) you apply for FLR(M) which gives you leave of 24 months. And after the 24 months are through, you apply for ILR. But I've read in some places that you have to be married for four years to qualify for ILR. Is this correct? And if you've been married for less than four years, what do you apply for after your initial two years of FLR(M) are through?

MPH80
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Post by MPH80 » Mon Apr 05, 2010 6:05 pm

On your second point - the 4 year rule is for marriages outside of the UK automatically gaining Indefinate Leave to Enter - not new marriages.

You're right on the process ... marriage -> FLR(M) -> 2 years -> ILR.

However, keep in mind that the new probationary citizenship rules will be coming in soon.

M.

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