indefinate leave to remain

[badmaash]

scenario
husband (uk national) has his wife over on spouse visa and has been out of the uk for sometime (nearly 7 months) and by the time he plans to return easily could be 11 months (total time out of uk) thye have been in a few countries and he has saved his tickets with which they traveled with , now his wife is planning to go to indonesia for a few days (they are currently in malaysia) would it be necessery he went with her for ILR application? as he was intending to stay in malaysia as she is only going for 4 days ?

[John]

Are they thinking that the ILR application can be made outside the UK? If so, no it cannot.

Has the wife passed the Life in the UK Citizenship test? If not she cannot possibly apply for ILR.

Let's clarify the above points before delving deeper into the problems here.

[Dawie]

Also for the wife to successfully apply for ILR the husband and the wife will need to put together a very good case for her absences from the UK.

Caseworkers will want to see evidence of the husband and the wife living together in the UK and proof that the marriage is not a sham. If they have spent 11 months out of the 2 year period outside the UK they are likely to find it extremely difficult to prove this.

[John]

Indeed, totally agree, it could be difficult. But even before we get to that stage there could be a more fundamental problem like lack of journey back to the UK, or lack of Citizenship Test pass.

badmaash, look forward to you posting again.

[badmaash]

no husband and wife are not planning to apply from outside the uk , and as the wife speaks english fluently the life uk test should be no problem , also they have had a child whilst there being abroad (sure this is evidence that there marriage is not a sham )

well her 2 year spouse visa will come to a end next sept (2008) so they plan to apply in just before that time in the uk as they are planning to return to uk sometime in october

they left uk last december and till to today they were outside as they were on a holiday in egypt where they also studied till may then they were in abu dhabi for a day and finaly flew to kuala lumpur form there they paln to fly either to mumbai for a month before there arival to uk or to dubai for a few days

i wait replies
thank you t everyone

[John]

OK, at least those things are good to hear, but as already intimated by Dawie the considerable time outside the UK is certainly not going to help the chances of success. After all the spouse visa is a type of settlement visa and the holder is expected to settle in the UK.

I think the form SET(M) gives a good guide to the problems they will face. If they have not already done so they should download a copy now .... click here ..... and read Section 9 in particular about the evidence to be supplied in support of the application.

[badmaash]

i have read the document and it asks for 20 letter in their joint names (this wont be possible as they live in his parents house so all utilities are in his parents name) and untill now he stil has not applied for her national insurance card but did register her at the doctors when he was their

also he has his airline tickets when he was abroad and entry dates on the pasport would confirm that all if they were to look at his and hers passport

when the time comes would you advise a postal or in person application ?
and why is time considered outside the uk something which makes them think the marriage is a sham (someone could be on a long holiday) as is the case here

or would he be better just applying for a extension to the wife spouse visa ?

[SYH]

i have read the document and it asks for 20 letter in their joint names (this wont be possible as they live in his parents house so all utilities are in his parents name) and untill now he stil has not applied for her national insurance card but did register her at the doctors when he was their

also he has his airline tickets when he was abroad and entry dates on the pasport would confirm that all if they were to look at his and hers passport

when the time comes would you advise a postal or in person application ?
and why is time considered outside the uk something which makes them think the marriage is a sham (someone could be on a long holiday) as is the case here

or would he be better just applying for a extension to the wife spouse visa ?

If it would help for you to establish the documentation, then it might be better to extend the visa keeping in mind what is required

[badmaash]

how does the documents sytem work i mean when he goes back he could open a bank acount on his and his wifes name and then just colllet the statements that would give him nearly 10 statements and lots of correspondance he and she also have their mail in regards to their frequent flyer progarmme and as they both are always ordering freeebies online whilst outside the uk the husbands father stacks it all up so could that be used as proof ?

[John]

i have read the document and it asks for 20 letter in their joint names

No it does not! It actually does not insist upon anything at all being in joint names! Although if there is documentation in joint names, well that will help.

I feel a slower, more careful read of Section 9 is called for.

When my own wife got her ILR there was absolutely nothing in joint names! But quite sufficient evidence to prove that we lived at the same address.

[badmaash]

thank you john for your assitance