Spousal visa - ILR conundrum!

[bmd]

Hey all,

Just a quick question, hopefully this situation is by no means unique.

I have been in the UK on a work permit since July 04. Have also been with my partner since about the same time - 3 years, so own house, on council tax, etc etc.

If we applied for the spousal visa now, would I still need to wait the additional two years before applying for IRL?

Or is the fact that we have been together 3 years already taken into consideration by the HO, ie I would be able to apply for IRL within the next year?

Thanks.

[mym]

More info please.

I presume your spouse is UK citizen, what is your nationality?

Do you want ILR or do you want to become a UK citizen yourself?

[VictoriaS]

That info isn't really needed!

Assuming that your partner is either a UK national or has ILR, then once you switch to spouse or unmarried partner, you will be able to apply for ILR 2 years from the date of approval. The fact that you have already been together is not taken into acocunt.

Victoria

[bmd]

Hi,
Thanks, my partner is a UK-Swiss dual national.

Is any reference available to confirm that any ILR application can ONLY be made two years from date of Spousal visa validity? I know if you spend four years abroad together you can apply straight for ILR in which case would I also be able to apply on those grounds.

I am London-based, but spend about 90% of the year abroad in NYC and Geneva for work.

Thanks again!

[VictoriaS]

Yes, the confirmation is in the immigration rules.

Victoria

[thirdwave]

Hi,
Thanks, my partner is a UK-Swiss dual national.

Is any reference available to confirm that any ILR application can ONLY be made two years from date of Spousal visa validity? I know if you spend four years abroad together you can apply straight for ILR in which case would I also be able to apply on those grounds.

I am London-based, but spend about 90% of the year abroad in NYC and Geneva for work.

Thanks again!

My tuppence..I doubt if you would qualify for ILR either way as you probably won`t meet the residency requirements..

[bmd]

Thanks - even if my employer is the London office of an intl Investment Bank, and am my salary is paid in UK, and London is listed as my primary residence with HMRC?

Bit harsh I am penalised for doing a job that just happens to involve alot of travel.

Thanks again though.

[thirdwave]

Thanks - even if my employer is the London office of an intl Investment Bank, and am my salary is paid in UK, and London is listed as my primary residence with HMRC?

Bit harsh I am penalised for doing a job that just happens to involve alot of travel.

Thanks again though.

This bloke had a similar problem

http://www.immigrationboards.com/viewto ... highlight=

I think your best option would be to apply for a spouse visa & stay put for the next couple of years...think you are allowed upto 270 days absence in 2 years if you are on a spouse visa or something

[Dawie]

Bmd, you are confusing several different UK immigration rules and regulations.

1) The immigration rules have changed and the minimum number of years required to obtain ILR on work-based visas is 5 years not 4. The number of years required to obtain ILR by virtue of a marriage, civil partnership or unmarried partnership remains 2.

2) Time counted towards obtaining ILR is reset when you switch to a differerent visa category. So if, for example, you have spent 3 years on a work permit and then switch to a spouse visa, the 3 years you spent on the work permit counts for nothing and your ILR clock is reset to zero.

2) You cannot apply for a spouse visa unless you have married or contracted a civil partnership (which is the UK term for a same-sex marriage) with your "partner".

3) Likewise if you do not intend to get married or contract a civil parnership, an unmarried partner visa requires having lived together with your partner for 2 years and proof of this.

4) The extremely large amount of absences out of the UK are likely to disqualify you from applying for ILR in any case. The Home Office are allowed to make exceptions for work-related absences, however 90% of your time outside the UK is likely to be considered excessive. It would be very difficult to say that you are London-based if you spend 90% of your time outside of the UK! Your "base" is the place you spend the most time. At 10% of your total time, this clearly cannot be the UK.

[thirdwave]

Thanks - even if my employer is the London office of an intl Investment Bank, and am my salary is paid in UK, and London is listed as my primary residence with HMRC?

Bit harsh I am penalised for doing a job that just happens to involve alot of travel.

Thanks again though.

you could always try the celebrated 'ppron' method

http://www.immigrationboards.com/viewto ... ght=#87261

[Dawie]

Thanks - even if my employer is the London office of an intl Investment Bank, and am my salary is paid in UK, and London is listed as my primary residence with HMRC?

Bit harsh I am penalised for doing a job that just happens to involve alot of travel.

Thanks again though.

you could always try the celebrated 'ppron' method

http://www.immigrationboards.com/viewto ... ght=#87261

I don't see how the "ppron" method is relevant here.

[thirdwave]

Thanks - even if my employer is the London office of an intl Investment Bank, and am my salary is paid in UK, and London is listed as my primary residence with HMRC?

Bit harsh I am penalised for doing a job that just happens to involve alot of travel.

Thanks again though.

you could always try the celebrated 'ppron' method

http://www.immigrationboards.com/viewto ... ght=#87261

I don't see how the "ppron" method is relevant here.

Well, the OP does not qualify for ILR based on his current visa status & is unlikely to do so in the near future if he spends most of the year outiside the UK so the only way he can be free of immigration restrictions & have more flexibility with employment etc (which is presumably what he wants through ILR) is to get married to his partner, if he feels inclined to do so, & apply for naturalisation through the ppron method.

[bmd]

lol...just trying to weigh up what would best options and smoothest route to ILR. not too concerned about citizenship etc, as they would my travel already disqualifies me at least for a few more years.

already have gone through 3 work permits sponsored by three separate banks, and if I transfered another one, or switched to HSMP then my prettier half will kill me herself!!! but thats another bigger committment issue altogether far worse than having to deal with the HO over what should be simple common sense!

will def look up on this ppron and see if it makes any sense as not heard about it before!

[Dawie]

lol...just trying to weigh up what would best options and smoothest route to ILR. not too concerned about citizenship etc, as they would my travel already disqualifies me at least for a few more years.

already have gone through 3 work permits sponsored by three separate banks, and if I transfered another one, or switched to HSMP then my prettier half will kill me herself!!! but thats another bigger committment issue altogether far worse than having to deal with the HO over what should be simple common sense!

will def look up on this ppron and see if it makes any sense as not heard about it before!

Ppron is purely a way of naturalising in the UK as the spouse of a British citizen without having to acquire ILR first. The information you're looking for regarding ppron can be found here:

http://www.immigrationboards.com/viewto ... 45401b8330

However this doesn't apply to you because:

a) You're not married to your partner
b) You do not qualify for naturalisation because you do not meet the residency requirements, i.e. you've spent waaay to much time outside the UK in the last 3 years.

[thirdwave]

lol...just trying to weigh up what would best options and smoothest route to ILR. not too concerned about citizenship etc, as they would my travel already disqualifies me at least for a few more years.

already have gone through 3 work permits sponsored by three separate banks, and if I transfered another one, or switched to HSMP then my prettier half will kill me herself!!! but thats another bigger committment issue altogether far worse than having to deal with the HO over what should be simple common sense!

will def look up on this ppron and see if it makes any sense as not heard about it before!

I would suggest that you give it a go..It appears to be the only option open to you at the moment (although it involves the small matter of getting married)Even I contemplated it briefly but felt that it was too much hassle, despite the potential savings in visa fees etc. However my circumstances are different to yours & I only manage to get away from this place about 5 times a year so I can wait out until I qualify for ILR through more conventional routes...

[thirdwave]

lol...just trying to weigh up what would best options and smoothest route to ILR. not too concerned about citizenship etc, as they would my travel already disqualifies me at least for a few more years.

already have gone through 3 work permits sponsored by three separate banks, and if I transfered another one, or switched to HSMP then my prettier half will kill me herself!!! but thats another bigger committment issue altogether far worse than having to deal with the HO over what should be simple common sense!

will def look up on this ppron and see if it makes any sense as not heard about it before!

Ppron is purely a way of naturalising in the UK as the spouse of a British citizen without having to acquire ILR first. The information you're looking for regarding ppron can be found here:

http://www.immigrationboards.com/viewto ... 45401b8330

However this doesn't apply to you because:

a) You're not married to your partner
b) You do not qualify for naturalisation because you do not meet the residency requirements, i.e. you've spent waaay to much time outside the UK in the last 3 years.

Dawie, I thought time spent outside UK does not count under the ppron method as you are applying for naturalisation & not ILR. My feeling is that the OP can certainly pursue the option if he gets married to his partner

[Dawie]

lol...just trying to weigh up what would best options and smoothest route to ILR. not too concerned about citizenship etc, as they would my travel already disqualifies me at least for a few more years.

already have gone through 3 work permits sponsored by three separate banks, and if I transfered another one, or switched to HSMP then my prettier half will kill me herself!!! but thats another bigger committment issue altogether far worse than having to deal with the HO over what should be simple common sense!

will def look up on this ppron and see if it makes any sense as not heard about it before!

Ppron is purely a way of naturalising in the UK as the spouse of a British citizen without having to acquire ILR first. The information you're looking for regarding ppron can be found here:

http://www.immigrationboards.com/viewto ... 45401b8330

However this doesn't apply to you because:

a) You're not married to your partner
b) You do not qualify for naturalisation because you do not meet the residency requirements, i.e. you've spent waaay to much time outside the UK in the last 3 years.

Dawie, I thought time spent outside UK does not count under the ppron method as you are applying for naturalisation & not ILR. My feeling is that the OP can certainly pursue the option if he gets married to his partner

In order to qualify for naturalisation as the spouse of a British citizen, there is a residency requirement that has to be met. The applicant has to have spent the previous 3 years living in the UK and not have spent more than a certain amount of days outside of the UK within those 3 years.

It is NOT possible to naturalise as a British citizen without meeting the residency requirement. The PPRON method only helps with the ILR requirement, but not the residency requirement!

[thirdwave]

Dawie, I stand corrected. OK bmd, its either a spouse visa + a desk job or an HSMP/work permit for you then

[mym]

It is NOT possible to naturalise as a British citizen without meeting the residency requirement. The PPRON method only helps with the ILR requirement, but not the residency requirement!

Absolutely! Those requirements, just to recap for interested readers, are:

+ The applicant was in the UK on a date 3 years before the application date.

+ The applicant was absent for less than 270 days in the 3 year period since that date

+ The applicant was absent for less than 90 days in the final 12 months before the application date

So yes, he can't use it if he's been absent "90% of the time".