ILR set(m) questions

[billalahmed]

My wife is currently on a spouse visa, we recently did the FLR visa extension after which we moved to the USA on a E2 (nonimmigrant) visa. We are planning on staying in the USA for few years.

My question is, when her FLR spouse visa is near the expiry is there any options available to apply for ILR and then naturalisation even if we are still in USA? our status in USA is on nonimmigrant visa with the intent to return to the UK and im working for a British company in the USA. We also have a house in the UK which we own, or will we need to apply for spouse visa again when we return to the UK?

[CR001]

is there any options available to apply for ILR and then naturalisation even if we are still in USA?

No there isn't. You cannot apply for ILR outside the UK.

our status in USA is on nonimmigrant visa with the intent to return to the UK and im working for a British company in the USA. We also have a house in the UK which we own, or will we need to apply for spouse visa again when we return to the UK?

Likely yes. She needs to be in the uk and prove two years evidence of residence in the uk to apply for ILR. She will probably need a new visa, meeting all the same requirements again and starting her 5 years again from scratch when you are ready to return.

Even if you came back temporarily to apply for ILR and she was somehow successful even though neither of you live in the uk, she won't qualify for citizenship with excessive absences of a few years.

[billalahmed]

Thanks for the reply.

If we were to come back and live in the UK before her FLR expires, could we still apply for ILR as normal? As I believe there's no time limit on how many days you can live outside the UK whilst on spouse visa but of course as you mentioned wont be eligible to apply for citizenship due to excessive absence in the 3 years prior to the application.

[Ticktack]

Thanks for the reply.

If we were to come back and live in the UK before her FLR expires, could we still apply for ILR as normal? As I believe there's no time limit on how many days you can live outside the UK whilst on spouse visa but of course as you mentioned wont be eligible to apply for citizenship due to excessive absence in the 3 years prior to the application.

You're stretching the rules to places most people have never been to before. Just so that we're on the same page, you renewed FLR(M) for your spouse. Left the UK immediately to reside in another country. Would probably come back a few months to expiry and apply for ILR, to immediately exit the country again back to the USA.

This is purely my understanding, and anyone can please correct my ignorance. The visa was issued for the pair of you to reside in the UK and make it home (even though you're not obligated to based on spouse visa). This doesn't seem to be home anymore.
I'm thinking that application would not be decided in normal time, as it would have to go up the chain of command.
You're already showing that, you and your partner can live together outside the UK if necessary!

Time you’ve spent in the UK if you’re on the 5 or 2 year route
You must have been living in the UK on your family visa as a partner for at least:

5 continuous years if you’re on the 5 year route
2 continuous years if you’re on the 2 year route
You cannot include time you’ve spent in the UK:

on any other visa
as a fiancé, fiancée or proposed civil partner

The average Joe in the HO office would need someone else to defo look at the case.

[billalahmed]

You're stretching the rules to places most people have never been to before. Just so that we're on the same page, you renewed FLR(M) for your spouse. Left the UK immediately to reside in another country. Would probably come back a few months to expiry and apply for ILR, to immediately exit the country again back to the USA.

No, don't think we are on the same page, not sure where you read we intend to take ILR and then return back to the USA ... As mentioned in my first post, we are on a non-immigrant visa in the USA (which is a temp visa for work from a British company and doesn't count towards US residency so we cannot stay here permanently), so we will be returning back to the UK in the near future to settle and im trying to understand our options for when we do return. hope thats clear now.

[Ticktack]

You're stretching the rules to places most people have never been to before. Just so that we're on the same page, you renewed FLR(M) for your spouse. Left the UK immediately to reside in another country. Would probably come back a few months to expiry and apply for ILR, to immediately exit the country again back to the USA.

No, don't think we are on the same page, not sure where you read we intend to take ILR and then return back to the USA ... As mentioned in my first post, we are on a non-immigrant visa in the USA (which is a temp visa for work from a British company and doesn't count towards US residency so we cannot stay here permanently), so we will be returning back to the UK in the near future to settle and im trying to understand our options for when we do return. hope thats clear now.

No I didn't read that anywhere. That's why I assumed and said "you would probably come back". Painting a picture in my head.

It's a very grey area you're diving into like earlier mentioned.

Please let us learn from you, as you can update this thread with how you eventually proceed and the eventual outcome.

[billalahmed]

Hi, will be applying for ILR M for my wife in few months time and had few questions.

1. Am I correct the new financial requirements won't apply to our application?

2. For financial requirements we will use our savings, can this be in a current account which is being used daily? I guess they take the minimum bank balance from the past 6months as the savings have had to be held for minimum 6months, we have maintained the minimum requirement and don't expect to fall below that level when we apply.

3. We have been out the UK for over a year but now intend to return back and settle. As there is no leave policy for this route, is there anything I should be aware of having spent a prolonged period outside? We can prove we have intent to settle back as we were on a temporarily visa for work.

4. ILR M allows the super priority service, is it easy to book to get the visa in 1day? We were exploring this option in case we needed to travel.

Thanks,

[zimba]

1. Yes. The increase will not apply to those who already hold a visa under Appendix FM and who are on the five-year partner route before 11 April 2024. They will only need to meet the current £18,600 per year income threshold when they make a further application.

2. Yes

3. Very likely will face no issues

4. Super priority service has no guarantees and the slots are not always available: Online Application - Why there is no Super Priority Service Option ?
Also, the Biometrics appointments are dealt with by a third party and again, appointments may not be available immediately.

[billalahmed]

Thank you zimba for your reply.

From what I understand, the applicant can't travel whilst awaiting a decision otherwise the application is withdrawn, but can the applicants spouse travel if required?

I read that by autumn, evisas will be issued rather than BRP, does that still mean no travel for applicant whilst awaiting a decision?

[AmazonianX]

Thank you zimba for your reply.

From what I understand, the applicant can't travel whilst awaiting a decision otherwise the application is withdrawn, but can the applicants spouse travel if required? Yes, the spouse can travel

I read that by autumn, evisas will be issued rather than BRP, does that still mean no travel for applicant whilst awaiting a decision? Not sure when the roll out that but of the opinion that with immigration application in progress the applicants will still not travel.

[billalahmed]

Thanks for the reply AmazonianX.

From when can I apply for ILR? is it 5years from the date on the leave to enter BRP or 5years from when the applicant first arrived to the UK?

Leave to enter BRP issued: 20/6/2019
First arrived in UK: 30/6/2019

And the application can be submitted 28days before the 5years?

[zimba]

For the family route, it starts from the first date of entry, so that date + 5 years - 28 days

[AmazonianX]

Thanks for the reply AmazonianX.

From when can I apply for ILR? is it 5years from the date on the leave to enter BRP or 5years from when the applicant first arrived to the UK?

Leave to enter BRP issued: 20/6/2019
First arrived in UK: 30/6/2019

And the application can be submitted 28days before the 5years?

Going by initial entry date you provided, she is eligible to apply from 02/06/2024 till the day of expiration of current leave.

[billalahmed]

I will soon be applying for ILR, just need clarification on the following please:

1. Am I right in thinking correspondence should be from UK address only even though we have spent some time in the USA whilst on FLR, its not required to provide correspondence from USA.

2. Should correspondence be from 2.5years or 2years back from application date or should it be from the date FLR was issued.

3. Is there any guidelines on the type of correspondence which will be accepted?

4. For accommodation, how can we prove that its not overcrowded and doesn't contravene public health regulations? Is a letter sufficient from the owner?

[zimba]

All you need to know about cohabitation evidence

The applicant should provide evidence as to the basis on which the accommodation
is or will be owned or occupied (including rented) by the family unit. This may for
example be in the form of a copy of the property deeds, a letter from a bank or
building society as to the mortgage arrangements, a lease agreement and rent book,
or a letter from a family member or friend who is making the accommodation
available to the applicant and their family unit.

https://assets.publishing.service.gov.u ... dation.pdf

[billalahmed]

Thank you zimba for sharing the guidelines.

I'm still confused if I should include cohabitation evidence from our time in the USA or should I only keep it to UK evidence only?

[zimba]

Thank you zimba for sharing the guidelines.

I'm still confused if I should include cohabitation evidence from our time in the USA or should I only keep it to UK evidence only?

No, it is about time spent together here in the UK

[billalahmed]

Thank you zimba.

Also, its not required to upload certified copies of passports for ILR right? Just photocopy of all pages for applicant and bio page for partner.

[zimba]

Thank you zimba.

Also, its not required to upload certified copies of passports for ILR right? Just photocopy of all pages for applicant and bio page for partner.

There is no such requirement, just scans are enough

[billalahmed]

I was reviewing the ILR set(m) form, it asks for the address where I have lived in the past 2years including abroad. Is it required to give address for abroad even though we maintained a home in the UK where all our correspondence were going?

[zimba]

I was reviewing the ILR set(m) form, it asks for the address where I have lived in the past 2years including abroad. Is it required to give address for abroad even though we maintained a home in the UK where all our correspondence were going?

If you maintained a home in the UK I suggest you just use the UK addresses

[billalahmed]

This may help somebody.

Successfully managed to apply for ILR for my wife. Im currently working temporarily in the USA with my spouse accompanying me in the USA. We met the financial part by rental income and savings from abroad and UK, we kept a residential address here in the UK, all our correspondence was going to our UK address (i.e. bank, mortgage, NHS, etc) which we used in the application. We mentioned the temporary nature of my job which will provide better job prospect when back in the UK and our intention to permanently live in the UK after the temp assignment, also attached an employment letter confirming the temp work assignment.