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applying for ilr outside of uk

Posted: Sun Aug 25, 2013 4:00 pm
by seselwa5
i want to know what kind of category of settlement i can use to come back to uk at the moment i am in my home country.i am married over 2 years now,use to be a member of the hm forces till april 2013.but i overstayed 48 days then i left without applying for my ilr.please can somebody tell me what is the best entry route?

Posted: Sun Aug 25, 2013 4:08 pm
by geriatrix
You cannot apply for ILR from outside the UK.

For anyone to be able to help answer your queries, please share:

How long did you serve in HM Forces?
When were you discharged from HM Forces?
Are you a commonwealth citizen?
When did your most recent leave expire?
When did you exit UK?

reply

Posted: Mon Aug 26, 2013 5:52 am
by seselwa5
i am commonwealth,i served just 4 years,i was discharged 17/04/2013 and after that they gave me some leave till the 28th of may, but due to money not comin in on time i overstayed 48 days then decided to leave and apply out of the country.i left england on the 15th of july.

Posted: Mon Aug 26, 2013 11:47 am
by naomi85
you've probably gone through this, http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/arf/

theres loads of info in there, hope it helps

Re: applying from out of uk

Posted: Mon Aug 26, 2013 12:06 pm
by vinny
seselwa5 wrote:as a ex hm forces soldier who married a british citizen,what is the correct route of entry to come back to uk to join your spouse and child.they are with me now in my homeland on holiday. and i want to come back with them.i just left the army april 2013 my last leave expired may 28th 2013.the left uk july 15th.
what route shall i use?

Posted: Mon Aug 26, 2013 12:10 pm
by vinny

Posted: Mon Aug 26, 2013 12:34 pm
by geriatrix
Vinny, not sure if this will work as OP's leave expired in May 2013.
ARF5 wrote:4. holds a valid United Kingdom entry clearance for entry in this capacity
Spouse visa, 5 years to settlement?

Posted: Mon Aug 26, 2013 12:53 pm
by Amber
What about getting to the UK and then applying for ILR under 276O?

Posted: Mon Aug 26, 2013 12:53 pm
by vinny
I was thinking that he may be able to apply for entry clearance under 276L/276M.

Posted: Mon Aug 26, 2013 12:54 pm
by seselwa5
if you are given the spousal can you switch to ilr as you get to uk

Posted: Mon Aug 26, 2013 1:05 pm
by vinny
See also 6.1 Settlement pre/on entry.

So, the question is have you served in HM forces for at least 4 years?

Posted: Mon Aug 26, 2013 1:25 pm
by seselwa5
so does that mean that i just come back to the uk with my family and apply on arrival or do i still have to get a spouse visa before coming over

Posted: Mon Aug 26, 2013 1:31 pm
by vinny
If you served in HM forces for at least 4 years, then you may apply for entry clearance (probably get ILE) under 276L-M.

Not a spouse visa.

Contact the British Embassy/High Commission for further information.

Posted: Mon Aug 26, 2013 1:39 pm
by geriatrix
Thanks Vinny.

I was probably mistaking the reference to "entry clearance" (in (my) quote) as "existing valid visa". Oops!

Settlement 6.1 pre/on entry does make it crystal clear.
If requirements (i) (ii) (iii) and (v) are met entry clearance for settlement may be issued, and if the entry clearance is presented to the Immigration Officer on arrival the applicant will be admitted to the UK for settlement.

Posted: Mon Aug 26, 2013 1:58 pm
by seselwa5
so what other steps should i look into.my family is coming back to uk on the 15th of october

Posted: Mon Aug 26, 2013 2:06 pm
by geriatrix
vinny wrote:If you served in HM forces for at least 4 years, then you may apply for entry clearance (probably get ILE) under 276L-M.

Not a spouse visa.

Contact the British Embassy/High Commission for further information.

indefinite leave to remain

Posted: Thu Nov 07, 2013 5:38 am
by seselwa5
applied for spousal visa as ex-soldier via visa for uk website.
once completed the form it came back as settlement for ex hmforces.
applied for it through mauritius BHC

paid for it 27 aug
send the form 16 september
biometrics 16 sep
visa granted 25 oct

:) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :) :)

great success

Posted: Thu Nov 07, 2013 6:33 am
by vinny
Did you get ILE?