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Spousal visa to ILR

Posted: Sat Jan 14, 2012 11:37 am
by planner82
Hello
We will bemarried for 2 years in June. We have been living together for the past 3 years. Now my partner has got a job offer in the other part of the country which means we have to live separately due to our jobs. I am worried as the ILR application requires both of us to be living together for 2 years of spousal visa period. Any suggestions on what's going to happen? Thanks

A

Posted: Sat Jan 14, 2012 12:28 pm
by Obie
There most be an intention or commitment to leave together.

If the person leaves in another part of the UK, but return home regularly when not at work, or company transferred him/her, and all correspondents are in the home you share together, then i believe it cannot be construed you don't intend to live together.

Rather, it may reasonably be construed that circumstance permit this, and as soon as this circumstance changes, you will live together as man and wife
[url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/section1.pdf?view=Binary][b] CHAPTER 8 - FAMILY MEMBERS SECTION 1- SPOUSE[/b][/url] wrote: 2.2. Interpretation of "intention to live permanently with the other"
"Intention to live permanently with the other" means an intention to live together,
evidenced by a clear commitment from both parties that they will live together
permanently in the United Kingdom immediately following the outcome of the
application in question or as soon as circumstances permit thereafter, and "intends to
live permanently with the other" shall be construed accordingly

Posted: Sat Jan 14, 2012 4:37 pm
by Casa
How often will you see each other and what proof will you be able to submit of the visits.

HI

Posted: Mon Jan 16, 2012 10:24 am
by planner82
Obviously we both intend to live together but unfortunately due to the jobs, we have to live separately until one of us find the job near to the others.
We intend to see each other every weekend - but how am I supposed to prove this unless they set a private detective!

Posted: Mon Jan 16, 2012 10:35 am
by Casa
Travel tickets...photos together (dated)...

Re: HI

Posted: Mon Jan 16, 2012 11:36 am
by sunil.suneel
planner82 wrote:Obviously we both intend to live together but unfortunately due to the jobs, we have to live separately until one of us find the job near to the others.
We intend to see each other every weekend - but how am I supposed to prove this unless they set a private detective!

Also you can have atleast some of her bank statements addressed to your address or have her pay some of the bills at your address so you can have documents showing that you are together all the way thru ... this along with the photographs and travel docs take regularly ...