Spouse/ILR conditions

[coastbeth]

Hi folks,

I have a combination spouse/ILR conditions question I haven't been able to find an answer to by searching... so here goes.

I'm an Aussie living in Aus. with my English wife. We met in the UK in Jan 2004 (I was on a working holiday visa) and began living together as a couple in June 2004. This continued until November 2004, when we both moved to Aus. and have continued to live together since then. We got married in March 2007, and (not that it has ANY impact on our prospective UK visa) my wife now has permanent residence in Aus.

We've done over three years in Aus. now and we both feel it's time for a stint back in the UK again. When you decide to be with someone from the other side of the planet it's only fair your definition of home becomes somewhat flexible

So Question 1 - seeing as we're thinking about moving back to the UK in July 2008, will I qualify for ILR seeing as we'll have been a couple for over 4 years by then? There is one big problem I can see with this, 'cause the legislation states:

"and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom
"

We've only been married since March 07, so although we'll have been together for 4 years by July 08 we certainly won't have 4 years of marriage behind us. Seeing as the burden of proof for unmarried couples seems less;

"and the parties have been living together outside the United Kingdom in a relationship akin to marriage which has subsisted for 4 years or more
"

have we inadvertently made it more difficult for ourselves by recently getting married? It seems we may have reset the clock we are being judged against. And both sections raise another question as there's mention of of living outside the UK. Does the short time we spent as a couple at the start of our relationship IN THE UK change our eligibility date to November rather than June, November being when we both moved to Aus.?

Here's the reason ILR matters so much - I'm hoping to study at Uni. I couldn't care less what country I do it in, but I'm under the impression if I don't have ILR I'll be treated as a full-fee paying international student in the UK. Great - after my English wife is finally treated as an equal here in Aus., I'm to be treated as an alien if we move to her country...

So Question 2 - what conditions are there regarding study for the different types of spouse visa? We've spoken to Immigration, we've spoken to the Home Office, we've spoken to a few Universities. It seems there is some flexibility (at least from the University end), but Immigration and the Home Office were useless and NO-ONE has been able to point to anything concrete that I can start to base some rather big life decisions on.

To sum up, can I get ILR straight away, and depending on my ILR status how am I treated if I want to be a student? I'll stress I'm coming over as a spouse, NOT as a student.

Apologies for the sheer size of this post... but at least now you know my life story, and I'd love to hear any advice you may have now you know it!!

[vinny]

I'm not exactly sure if the clock will be reset, going from an unmarried partner to a spouse. It may be odd if the clock was reset, since you are the same couple. However, there's an additional Knowledge of language and life in the United Kingdom requirement for ILE/ILR as well.

Unfortunately, merely having ILE/ILR may not be sufficient for home fees.

[sakura]

The requirements to be a Home student for fees purposes are that;

1. You have been resident in the UK/EU/EEA area on a permanent basis for at least three years prior to the start date of your course (permanent meaning you don't just drop in and out as a tourist);

AND

2. You have ILR/ILE or equivalent.

You might have number 2 but you definately won't have number 1. Even EU/EEA nationals who live outside the region (e.g. imagine all the Brits in the US or Aus) also won't qualify, and there have been quite a number of UK citizens being charged International fees because they lived outside the EU/EEA region. Even my friend had to defer one year because she'd only been living in the UK (as a returning resident) two years prior to her course start date, and she's a British citizen, in order to qualify for Home fees.

So, even if you obtain ILE, you would need to wait until 2011 before you would be classified as a Home fee payer. I don't know any universities or colleges that would be flexible on this - if they know the rules, they'd charge you accordingly (and appropriately).

I suspect, however, that you might have to apply for a spouse visa.

[coastbeth]

Thanks for that link to "home fees" vinny, great stuff although depressing reading. That's exactly what I hadn't been able to find myself.

Oh yes sakura, I'll definitely have to apply for a UK spouse visa. I'm definitely a spouse first and a possible student distant second, it's just a pity it takes so long to be treated as one of you rather than an outsider. Here in Aus. (which we thought was bad) the wait times and rules for access to education aren't as strict as you guys - I can't believe they even make UK citizens wait for education if they've been living OS!!

So in general it's not looking good for me being able to study quickly and cheaply if we move back to the UK. The spouse visa won't be a prob as we're married, legit, and have been together for quite some time now, but it looks like I'll have to work rather than being able to study.