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ILR application based on marriage

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

ak2905
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ILR application based on marriage

Post by ak2905 » Tue Aug 18, 2009 2:25 pm

I have a spouse visa for almost 2 years and now I am applying for ILR. The rules stated that in order to qualify the couples must support themselves without recourse to public funds. We have a child and my wife receives Child Benefit and its registered on my wife's name.
Will this fact affect anyhow my application for ILR?
Thanks

batleykhan
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Post by batleykhan » Tue Aug 18, 2009 6:07 pm

No it wont affect your application if your wife is recieving it. If she is a British citizen she is legally entitled to it.

ak2905
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Post by ak2905 » Tue Aug 18, 2009 7:48 pm

Can anyone also advise on this:
will I need to give an explanation why the docs are not addressed to both of us and why some the docs do not cover whole 2 year period.
Thanks.
Last edited by ak2905 on Wed Aug 19, 2009 9:36 am, edited 1 time in total.

John
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Post by John » Tue Aug 18, 2009 9:56 pm

ak2905, you mention Child Benefit, but what about Tax Credits? Are the two of you, you and your spouse, claiming that jointly? Is not, why not? Is the family income nicely in excess of £50000?

Your documentation sounds fine. When my own wife applied for her ILR in 2002, in person at the Solihull PEO, absolutely nothing was in joint names. But no problem, ILR still granted.

Are you applying in person at a PEO? IF yes, suggest you take as many "reserve documents" with you as you can, but produce them only if requested.
John

ak2905
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Post by ak2905 » Tue Aug 18, 2009 11:01 pm

Thanks for reply, John.
No, we do not claim any Tax Credits as the income is more than 50,000.
I will be sending my application by special delivery. Shall I send only 6 docs as per "rules" or shall I include all I have?

vinny
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Post by vinny » Tue Aug 18, 2009 11:43 pm

There shouldn't be any harm in enclosing more than may be requested, within reason. Keep copies of everything sent, including the filled up application form.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ak2905
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Post by ak2905 » Wed Aug 19, 2009 8:40 am

thanks vinny

ak2905
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Post by ak2905 » Wed Aug 19, 2009 9:38 am

Can anyone also advise on this:
will I need to give an explanation why the docs are not addressed to both of us and why some the docs do not cover whole 2 year period.
Thanks.

Obie
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Post by Obie » Wed Aug 19, 2009 9:47 am

No you don't. So long as the documents submitted as evidence, bears the address in which you both live.
Smooth seas do not make skilful sailors

ak2905
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Post by ak2905 » Wed Aug 19, 2009 10:17 am

thanks

one more question: do I have to send my marriage certificate as well?

batleykhan
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Post by batleykhan » Wed Aug 19, 2009 11:37 am

No its not required .

ak2905
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Post by ak2905 » Sun Aug 23, 2009 10:30 pm

Can anyone also advise if I need to include with my ILR application any photographs of myself and my wife/family over the period of last 2 years to prove that we live together? Thanks.

John
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Post by John » Sun Aug 23, 2009 10:34 pm

Have you actually downloaded the form SET(M)? If you have it is clear from that what evidence needs to be supplied.
John

ak2905
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Post by ak2905 » Sun Aug 23, 2009 10:44 pm

Yes, I've got the form SET(M).
When I applied for a spouse visa I sent tons of photos of me & my wife together, so I thought if I would need to do the same now, just to be on the safe side.
Well, now its clear.
Thanks John.

John
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Post by John » Mon Aug 24, 2009 9:20 am

ak2905, the point is that photos do not prove that the two of you live together. The form SET(M) concentrates upon asking for that proof ..... correspondence etc addressed to the same address for both of you.
John

usman1900
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ILR and Citizenship

Post by usman1900 » Tue Aug 25, 2009 3:26 pm

Hi can anyone tell me that can i apply for Citizenship straight away after getting ILR.. i came to uk in sep 2003 i was student and i got married with british citizen in 2007 now i have been granted ILR.... can i rightaway apply for Citizenship..


thanks

John
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Post by John » Tue Aug 25, 2009 3:40 pm

Yes, assuming, when you apply, you will pass the "applicant was physically in the UK exactly three years before UKBA receive the Naturalisation application" test.

In other words, check your dates out of the UK, and ensure you don't apply when you were out of the UK exactly 3 years earlier.
John

usman1900
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thanks

Post by usman1900 » Tue Aug 25, 2009 4:00 pm

Thanks John I just Recieved my ILR last week.. during my stay in uk since 2003 i have been for holidays 4 times i.e 2 weeks each time...

last 3 years i went back home witj my wife for 21 days thats all...

usman1900
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Post by usman1900 » Tue Aug 25, 2009 4:06 pm

John can u please explain i didnt quite understand...

i came to uk Sep 2003 on student visa
Stayed as student till 2007
in 2007 my status changed to Spouse visa (FLRm) 2years
now i recently get ILR SET(m)

from last 6 years i just took few holidays i.e 21 days when in january 2007.... 21 days in november 2007.. thats all

do i nee to wait for 1 year to apply for british citizenship or i can apply now as i m being granted ILR 2 weeks ago

Obie
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Post by Obie » Tue Aug 25, 2009 4:08 pm

Usman, you should try and stick to one thread, that way you will receive better information and prevent duplication.

See the Residency Requirement
Smooth seas do not make skilful sailors

usman1900
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Post by usman1900 » Tue Aug 25, 2009 4:41 pm

thanks john sorry about that i did read the link u provided me but as my case is bit different i just wanted to know that can i apply for british citizenshp now after getting ILR or hav to wait for 1 year...
please give ve some advice


regards

John
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Post by John » Tue Aug 25, 2009 5:02 pm

do i nee to wait for 1 year to apply for british citizenship or i can apply now as i m being granted ILR 2 weeks ago
Given that you are married to a BC you do not need to wait at least a year.

Also, it appears you were not outside the UK any time in 2006, therefore in 2009 you cannot possibly fail the test I mentioned earlier, if you apply this year.
John

siv
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FLR to ILR

Post by siv » Wed Sep 02, 2009 7:58 am

Hello all.... this forum is great and much appreciated.

I thought I should just add to this thread and not create my own.

I am a British national (by birth) married to a Taiwanese lady. I am writing for advice re: visas and immigration. Basically this is an enquiry about converting FLR to ILR.The complication is that we will have been living together outside of the UK for the 2 years since FLR was granted.


Here is the full story in a nutshell:

My wife and I lived together in the UK for around 2.5 years (Oct 05 - May 08 ) before getting married. She was on various student visas before marriage and then we got her FLR afterwards (May 08 ).

Since then we have lived in China. We have done our best to keep records of our continuing cohabitation.

Should we now return to the Uk in April/May 2010 and make an ILR application for her? Does it matter that we have been out of the UK for the intervening 2 years...and will be living out of the Uk for at least another year or so?

Any help you can provide would be most welcome,

Siv

siv
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Post by siv » Wed Sep 02, 2009 7:59 am

the number eight seems to become a smiley...... :)

John
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Post by John » Wed Sep 02, 2009 9:16 am

Actually 8 immediately followed by a ) becomes a smiley! Now corrected.

slv, an ILR application will not be possible. The best you can hope to achieve is another time-limited spouse visa.
Does it matter that we have been out of the UK for the intervening 2 years...and will be living out of the Uk for at least another year or so?
It matters very much! And don't bother applying for the spouse visa until the two of you are actually going to live in the UK.
John

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