my case (i am putting my case in one area )

badmaash · Post by **badmaash** » Fri Aug 31, 2007 10:16 am

my wife a singaporean national and i am a british national and we have a child who has singaporean passport with right of abode

we have been married since 2005 and we applied for spouse visa sept 2006 and were given it our visa began from 08/09/06 but we entered the uk 25/09/06 as we were in transit in middle east then we left the uk on 06/12/06 as we went to north africa to do a course of study and as my wife was preganant at the time we went back to singapore on 01/05/07 from north africa and we are here since

also as due to my sickness i am not working and my wife is a house wife and we have a small baby of 3 months

so when i plan to come back to uk i dont think i will work but i will claim for myslef and my child only

also i need info on savings how much will i need to show to pass the financial test ?

when i applied for spouse visa from singapore i had no work but showed them 9k savings and they gave her the visa with no problem

as we are allowed to have upto 16k whislt claiming income support its no problem

i could show upto 8k savings at time of application for ilr and with more gifted donations from my family due to child that amount could be well over 10k

so i have 2 main issues my absences (we have been togeather out the country)

and intend to return togeather also the school in north africa (morroco) have agreed to send me a letter saying i was there and attended school which should be in the post anytime soon

and the issue of financial test due to my sickness i find it difficult to get a job

so this is my case and i no longer intened to put things in different boards

so i wait a reply if anybody can help

thanks to all and sorry to all those i pissed off

VictoriaS · Post by **VictoriaS** » Fri Aug 31, 2007 1:02 pm

Thanks for doing that - very helpful!

If you have been together out of the uK then there is no reason the application should fail because of absence. HOWEVER, you need to make sure that the Home Office are sure that you have made the UK your home. If you have been out of the UK for more than 50 per cent of the time since the visa was approved, they are unlikely to believe this, and will probably refuse the application.

There is no set amount for ILR, but savings of Â£10k will help, though you will have to show where it has come from. You may have a problem if they ask the question - what will happen when the money runs out?

On reflection, I think you may want to consider applying for a further two year visa rather than ILR.

Victoria

badmaash · Post by **badmaash** » Fri Aug 31, 2007 2:19 pm

thank you victoria

by the time it reaches for me to apply for ilr it would have been 13 months in the uk and 10 outside togeather all the time

as for the savings then i can show 7k which has been in the bank untouched for at least 3 years with proof and dont intend to touch it and as i will get my income support child benefit , child tax credit i will only spend about 10 pounds a week from there as i am living with parents so will able to save most of that

as for work if they say what will you do when money runs out cant we use the arguement that what will one do if he loses his job

as no job is secure you could lose it and thats possible
i would prefer not to apply for more flr as i want to get my wifes share of public funds as i am sick she is my carer and is entitled to 73 pounds weekly which definitely helps

(i am not spounging on the system i was working in civil service and studying at university but since i have this OCD tourette syndrome with coprolalia i am unable to work and have given myself a target of 2 years for recovery god willing)
thank you victoria

what do you think victoria

VictoriaS · Post by **VictoriaS** » Fri Aug 31, 2007 2:20 pm

I don't know. I think that if I were the caseworker i'd be unhappy with the amount of time you have spent out of the UK, and I would consider the fact that you have no job as indicative that you may not remain.

Victoria

badmaash · Post by **badmaash** » Fri Aug 31, 2007 2:26 pm

would listing my sickness be a good idea , and for sure they will understand that my marriage is not sham we have a legitimate child ?

i mean i was thinking of writing a covering letter explaining the reason i took that amount of time outside the uk was as we knew my wife was pregnant and as the uk is our home now , with a small child it would be difficult so we thought best if we study now as leaving the uk for long periods is really out the question after pregnancy

VictoriaS · Post by **VictoriaS** » Fri Aug 31, 2007 2:29 pm

It's a risk. It may help, but there are no guarantees.

Victoria

badmaash · Post by **badmaash** » Fri Aug 31, 2007 2:32 pm

yes youre right but there have been many as it seems who have passed with absences

i mean if they see you with children im sure this makes a difference ?

and we are a genuine marriage, but the working issue does worry me maybe i could get the wife to work 3 months before the application and after we get the ilr she can quit ?

would that be better

VictoriaS · Post by **VictoriaS** » Fri Aug 31, 2007 2:41 pm

It is to the discretion of the caseworker whether the application is approved or not.

I can help no further.

Victoria

badmaash · Post by **badmaash** » Fri Aug 31, 2007 2:48 pm

thank you
victoria for your help

and yes youre right it seems there is risk

whats your opinion in general on discretion of the caseworker do you think this is fair

and why do they leave it to his/her discretion

better it was fed through a computer system

what do you think

Dawie · Post by **Dawie** » Fri Aug 31, 2007 4:04 pm

The key question here is:

How can you expect your wife to obtain indefinite leave to remain in the UK when she has shown absolutely no committment to living here or building a life here? She was given a 2 year spouse visa and she has so far only spent 2 and a half months in the UK!

badmaash · Post by **badmaash** » Fri Aug 31, 2007 5:11 pm

we will be back sonn god willing to uk

within 20 days i plan to arrive

so when i do apply next year we would have been 13 months in uk

isnt this commitment ?

VictoriaS · Post by **VictoriaS** » Fri Aug 31, 2007 5:15 pm

badmaash wrote:thank you victoria

by the time it reaches for me to apply for ilr it would have been 13 months in the uk and 10 outside togeather all the time

Not quite that bad, Dawie, but I pretty much agree with your sentiments. I'd go for a FLR extension.

Victoria

badmaash · Post by **badmaash** » Fri Aug 31, 2007 5:48 pm

it will be 14 months in total till the end of the visa , i was too thinking of flm but i might risk it i am not to worried on the absence part as we have been togeather

and the uk is our main home

its the financial part that worries me most with me not working and claiming beenfits for me and the child

but hopefully will able to show 8k savings

SYH · Post by **SYH** » Fri Aug 31, 2007 5:51 pm

badmaash wrote:it will be 14 months in total till the end of the visa , i was too thinking of flm but i might risk it i am not to worried on the absence part as we have been togeather

and the uk is our main home

its the financial part that worries me most with me not working and claiming beenfits for me and the child

but hopefully will able to show 8k savings

When you renew the 2 year spouse visa, you dont have to wait the whole 2 years, you can wait one year, then apply for ILR since it will look better at that point but if you don't think absences are an issue, frankly I don't see income as an issue
and you better be thankful for discretion because if yours was fed into a computer, it would be automatic rejection

badmaash · Post by **badmaash** » Fri Aug 31, 2007 6:11 pm

i didnt understand your point

you see her spouse visa was issued last year sept 2006 so i will have to apply in august 2008 correct ?

VictoriaS · Post by **VictoriaS** » Fri Aug 31, 2007 6:23 pm

The suggestion is that in September 2008, instead of applying for ILR, she applies for another two year period of leave, which takes her visa up to September 2010. However, she does not have to wait until September 2010 to applly for ILR. If by, for example, Septembger 2009 you have both been resident in the UK for 24 months and can prove it, and she has passed the life in the UK test, she can apply for ILR then.

Victoria

badmaash · Post by **badmaash** » Sat Sep 01, 2007 4:19 am

thank you victoria

im hopping for her to the life in the uk test by october m as her being able to speak english, it just a matter of her reading the book and memorising so i think its no prob

i can see your advise that apply for FLR and then 1 year later apply for ILR is the safest way

but by looking through the forum there has been success with absences , and we would have been in the uk for more then 50% of the time and also bearing in mind we have been out the country togeather for the course in north africa and then went to singapore for the baby

would it be advisable to write the only reason we went singapore is because we wanted the baby to have singapore citizenship and this was only possible if the baby was born in singapore ?

also my wifes father has been sick , what type of proof would we need for that to show that we stayed over a couple of months due to his sickness

will a letter from my wifes fathers GP be enough?

thanks for all those who have participated so far

jimquk · Post by **jimquk** » Sat Sep 01, 2007 9:56 am

Badmaash said:

as we are allowed to have upto 16k whislt claiming income support its no problem

That's true, but you need to be aware that they will assume a national income from those savings - one pound a week for every 250 of savings - which they will deduct from income support. Also, they will consider the income of the household as a whole, which looks like it could include your parents.

I am not in a position to advise really on the immigration side of things, but I would advise maximum caution as there are a lot of problems here.

Good luck.

Shan12 · Post by **Shan12** » Sat Sep 01, 2007 9:56 am

I don't think the reason for your absensses is going to matter. It is the fact that you were absent. It looks like your best route forward is the one suggested by SYH.

Rambo · Post by **Rambo** » Sat Sep 01, 2007 10:17 am

For ILR, I dont think there is a requirement for the spouse to have been physically present in the UK for a set amount of time. It is only important to show that the marriage is still subsisting and that the spouse is married to some present and settled in the UK, and that they wish to continue staying together as a couple.

The rules do not state that two years have to be completed IN the UK, only that two years must be completed.

There is no mention anywhere or any questions asked about how long the applicant for ILR has been physically present in the UK.

When my wife applied in person for ILR, the interviewer did not even ask my wife one question. All questions were directed towards me about my residence in the UK and my financial means to support her. Even though my wife was the ILR applicant and I was the British citizen.

Here are the rules:

Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i)(a) the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

(b) the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that 2 year period married or formed a civil partnership the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or

(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; and

(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage is subsisting; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

SYH · Post by **SYH** » Sat Sep 01, 2007 10:30 am

Rambo wrote:For ILR, I dont think there is a requirement for the spouse to have been physically present

All questions were directed towards me about my residence in the UK and my financial means to support her. Even though my wife was the ILR applicant and I was the British citizen.

Here are the rules:
Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

Well first we don't know what your situation was. Were you out of the country a full year straight out of the 2 years during your partner's visa duration???

I dont know what the wording of section c but for the a or b, it states the person is PRESENT and settled. badmaash may be settled but he hasn't been present, and this is the where his application is weak and where discretion would help him. I do think that the reason for being absent helps since it is his wife who is having the baby and it makes sense to be with her family for support. All this other stuff baadmaash mentions is confusing the situation even though it is the case.
Keep it simple, forget about you went to africa for this reason and your father's sickness detained you. The primaryreason you were out of the country was that it was believed it would be better to have the baby in Singapore. Full stop and get back into the country and start living in the UK as soon as possible

badmaash · Post by **badmaash** » Sat Sep 01, 2007 3:26 pm

thank you guys

i am definitely settled in the uk as i have no other home except in the uk, and i plan to return this month and have no plans to leave again, as for jim yes i know the capital rule , and they dont take the whole household income to count as we are not renting nor claiming nay housing benefit as i live with my parents in their home as my own home but they are the owners

so by the time i return it would have been exactly 10 months ouside the uk including the delayed entry by 14 days at the start

so i am planning to show between 6-7k savings and go for ilr , also i have seen nothing in the form stating absences ?

do you advise me writing a covering letter showing all dates of leave and entry as alot of them are in arabic so maybe the caseworker wont read them

so advise me in regards to the money i will declare as savings pls i wait for your help guys

im no longer asing hypo qs

badmaash · Post by **badmaash** » Sat Sep 01, 2007 3:34 pm

also syh , you see i have passport stamps for me and my wife for morrocco which total 5 months , and then singapore for 5 months

so how can i just say i went singapore

also during that time my wife whilst here in singapore has been to vietnam for 4 days with the child whilst i stayede back at the family home in singapore

also as i am here in singapore on visit visa i have to leave so often to malaysia for a quick trip across border
to renew visa on my own

SYH · Post by **SYH** » Sat Sep 01, 2007 3:40 pm

badmaash wrote:also syh , you see i have passport stamps for me and my wife for morrocco which total 5 months , and then singapore for 5 months

so how can i just say i went singapore

also during that time my wife whilst here in singapore has been to vietnam for 4 days with the child whilst i stayede back at the family home in singapore

also as i am here in singapore on visit visa i have to leave so often to malaysia for a quick trip across border
to renew visa on my own

Well first badmaash you have to give all the information, not dole it out piece by piece for dramatic effect.
If it was a couple of months, then it wouldn't be a big deal but yes 5 months is a biggie so you can't not mention it.
Except now you state the application doesn't ask about absences so why are you bringing it to their attention and making us go though these scenarios

badmaash · Post by **badmaash** » Sat Sep 01, 2007 3:53 pm

the reason i bring it up is as i always hear people talking about absences so i thought there must be something about it ?

so thats why i asked,

so because for that i thought maybe i need to mention it on a covering letter.

it seems we need to make contatc with a insider a caseworker and get all the info out of him , what do you think guys

you get my point guys , also these absence things just caused a bit of anxiety as i want get this ILR THING out the way and relax

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my case (i am putting my case in one area )

my case (i am putting my case in one area )