Marriage Visa - 4 year requirement

[wombat]

Hi there

I wonder if anyone could clarify a rule for me regarding marriage visas.

I (a British Citizen) have been married to my Australian wife since Mach 2003 (Four years and 3 months). I have read that she can get a settlement visa straight away rather than the 2 year visa if we can show that we have been married for more than 4 years outside of the UK. We have been out of the UK since December 2004 (2 years and 7 months).

My question is this : Even though we have been together for over 4 years we have only lived outside of the UK together for 2 years 7 months before applying for a marriage visa.

Will my wife be able to get permanent residency straight away or should she get a 2 year visa? Why is there a distinction in this 4 year requirement about in which country you are living together? Seems very odd to me!

Any advice appreciated...

[John]

A couple of points. Firstly do appreciate that the relevant Immigration Rule was changed on 02.04.07 and now an additional condition has been added. That is, it is now necessary for the person to have passed the Life in the UK Citizenship Test in order to possibly get issued with ILE.

So, irrespective of anything else, unless your wife travels to the UK, say as a visitor, takes and passes the Citizenship Test, then travels back to Australia to apply for her spouse visa, it is not going to be possible to get the spouse visa issued as ILE.

But the other point you have raised, about 4 years outside the UK. Well that is what the Immigration Rule says. Sometimes a British Mission does not strictly impose that, but strictly they should.

But I suspect it is academic anyway, given the new additional condition.

[transpondia]

The four years needs to be outside of the UK and there is no latitude for discretion.
The rationale for this condition is connected with determining both the authenticity of the marriage and the ability to subsist without using public funds. Whether this is a good rationale or not, whether it is effective or not, whether it is correct or not is all irrelevant because the rule is codified in HC395.