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ILR complicated? Spouse visa expired

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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nasxtra
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ILR complicated? Spouse visa expired

Post by nasxtra » Tue Apr 13, 2010 9:38 pm

My wife arrived in uk in Nov 2005 due to not completing Life in UK test we were unable to apply for Indefinate stay and so we had to extend her visa for a further 2 years. Now she has completed her life in UK test and we were in a position to apply for Indefinate leave to remain however due to her father passing away she has returned to pakistan urgently on 3rd nov her visa expired on 6th Nov .

The earlies ticket I could book was on 7th Nov and she was refused entry back to the uk.
we made a fresh application and she got another 2year visa dated feb 16th 2010.

Can she apply for ILR? as more than 90 days out of country i was there for 1 month with her and kids

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Casa
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Post by Casa » Wed Apr 14, 2010 1:17 pm

I believe you'll find that the clock restarted when the 2nd 2-year spouse visa was issued. i.e

nasxtra
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Post by nasxtra » Wed Apr 14, 2010 2:55 pm

wife has been in uk since Nov 2005, FLR was granted till 6th Nov 2009..application made from outside uk for spouse visa and granted on 16th feb 2010..

so wife has qualified under the 2 year rule after initial visa i did not have to wait additional 2 yrs so why has clock re-started as you say?

f2k
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Post by f2k » Wed Apr 14, 2010 3:43 pm

I think the issue might be the gap between the expiry of the visa and issuance of the NEW visa (November 6, 2009 to 16 February 2010). I am not sue what the exact answers myself, you might want to inquire with the UKBA and hear what they think

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Casa
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Post by Casa » Wed Apr 14, 2010 6:46 pm

Because she had a considerable gap between her FLR expiring in 2009 and the new 2-year spouse visa being issued outside of the UK in 2010.

djb123
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Post by djb123 » Thu Apr 15, 2010 4:45 am

I know it's a bit late now, but reading this shouldn't it have been possible to apply for ILE from outside of the UK because of being married and living together for more than 4 years and completing the Life in UK test?

Whether it's possible to apply for ILR now surely depends on what visa has been granted. If it mentions something like "KOL required" then it should be possible to apply for ILR straightaway.

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Casa
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Post by Casa » Thu Apr 15, 2010 8:46 am

ILE (KOL required) is only issued if you have been living together for a minimum of 4 years and these 4 years have been spent outside of the UK.

zyab
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Post by zyab » Sat Apr 17, 2010 1:30 pm

hi
plsss if anybody can help me with this.

i am on indefinite leave to enter uk. i want divorce from my husband and he is threatning me that he will get my indefinite to enter uk canceled. i got my indefinite stay in 2006. and i m resident of uk since 2000. i didnt apply for british passport as i m from malaysia i cant hav two citizenships at a time.
can he really get my indefinite stay canceled. as i m a peacfull resident, never had any criminal record, never indulged in any criminal, anti social or anit state activity. as that really possible that he can get my indefinite stay canceled just like tht bcs i m leaving him. i want divorce of him.
all suggestions, advices and information would b appreciated. i m looking forward for kind n informative replies.
thnk u all very much.

nicky1234
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Post by nicky1234 » Sat Apr 17, 2010 5:03 pm

zyab wrote:hi
plsss if anybody can help me with this.

i am on indefinite leave to enter uk. i want divorce from my husband and he is threatning me that he will get my indefinite to enter uk canceled. i got my indefinite stay in 2006. and i m resident of uk since 2000. i didnt apply for british passport as i m from malaysia i cant hav two citizenships at a time.
can he really get my indefinite stay canceled. as i m a peacfull resident, never had any criminal record, never indulged in any criminal, anti social or anit state activity. as that really possible that he can get my indefinite stay canceled just like tht bcs i m leaving him. i want divorce of him.
all suggestions, advices and information would b appreciated. i m looking forward for kind n informative replies.
thnk u all very much.
Already answered.
I repeat you have nothing to worry as he can not cancel your ILE.
ILE can only be revoked on danger to public safety.

Nicky

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