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UK Spouse Visa - ILR Application

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Pammm
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UK Spouse Visa - ILR Application

Post by Pammm » Wed Jun 23, 2021 3:42 pm

Hi, I was granted spouse visa in August 2021. In June, I was granted FLR(M). In December 2020, I left UK for hospital fertility treatment in India as I will be having my family support and still i'm in India for my treatment and it is going to take some more time in India for the treatment. My visa is valid till Feb 2nd 2023. So, is there a chance my ILR (M) will be rejected as a result of this absence? I know there is no time limit on my visa for being out of the country but are they likely to reject my application. Husband is a British Citizen.
I have not written Life in UK test. So, what are my options? We have been together the whole time and we have no issues proving that, the only potential issue is the absence time.

Thanks

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CR001
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Re: UK Spouse Visa - ILR Application

Post by CR001 » Wed Jun 23, 2021 3:45 pm

was granted spouse visa in August 2021
Are you sure about this date you were granted a spouse visa initially??

There is no absence limit. You are over thinking.
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Re: UK Spouse Visa - ILR Application

Post by Pammm » Wed Jun 23, 2021 4:31 pm

Hello, Sorry, looks I made a mistake, it should have been August 2017, that's when I got my initial spouse visa.
So what are my options?
Scenario 1 : If I come to UK in next 6 months and do my Life in UK test, will I be having the issues of all my absences ( as I have been away from UK from December 2020)
 Scenario 2: What if I apply for the extension from India and then later in the future, which might break my 5 year continuous residence, then I have to wait for next 5 years to apply for ILR.

Thanks

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Re: UK Spouse Visa - ILR Application

Post by CR001 » Wed Jun 23, 2021 4:59 pm

1 there is NO absence limit rule. There eis no issue here at all. You are over thinking completely. You can do liuk test at any point before you apply for ilr.

2. You cannot apply for extensions outside the UK. It is a new entry clearance visa you would apply for.

Presumably you are not going to be away from the UK till 2023, so I don't understand what your exact concern is.
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Re: UK Spouse Visa - ILR Application

Post by Pammm » Wed Jun 23, 2021 5:16 pm

Thanks for your response, much appreciated.

My only concerns was about the absence ( home office might request for any extra documents to provide the reason for me being away from my husband and UK ) and now with your response, it's clear that I don't need to worry about it anymore, so my action of plan is to be in UK before Feb 2023, do the exam and apply for the ILR.

Thank you very much!

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Re: UK Spouse Visa - ILR Application

Post by CR001 » Wed Jun 23, 2021 5:26 pm

Absence on a spouse visa is irrelevant as already stated.

However you are required to provide 2 years evidence of cohabitation in the UK for ilr in both your and your spouse names.

Besides liuk test, you need English B1 too.
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Re: UK Spouse Visa - ILR Application

Post by Pammm » Thu Jun 24, 2021 8:25 am

Thanks again for your prompt response.
Just one more clarification please. I have a Bachelor of Technology Degree from India and also got a UK NARIC evaluation certificate mentioning English language for my degree considering to meet the requirement of CEFR level C1. Will this not be enough? Should I have to take B1 exam too?

Thanks

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Re: UK Spouse Visa - ILR Application

Post by TODMATT » Thu Jun 24, 2021 8:44 am

Pammm wrote:
Thu Jun 24, 2021 8:25 am
Thanks again for your prompt response.
Just one more clarification please. I have a Bachelor of Technology Degree from India and also got a UK NARIC evaluation certificate mentioning English language for my degree considering to meet the requirement of CEFR level C1. Will this not be enough? Should I have to take B1 exam too?

Thanks
C1 is higher than B1 so if your NARIC grade your certificate as C1, that should suffice and no need to take any other English test again.
My opinions should not be constituted as an immigration or legal advice.

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