ILR based on a spouse visa questions

[Mike100]

Hello,

Firstly, I would like to thank all of you for your support.

I have searched for some answers in the forum before posting, yet unfortunately, could not find exact up to date answers.
I do apologize if someone has already asked.

22 months ago I have received a two year settlement visa, which will expire in two months time from today.

I have passed the life in the UK test, but feel like my supporting documents are a bit tricky.
Opinion needed please.

1. I have worked only during the first year I have lived in the UK(Unemployed for the last one year).

2. Do not have any P60.

3. My wife, who is a British citizen, is about to leave the country for two months.

4. I have all the other supporting documents, such as utility bills, bank statements(including a joint account). My wife worked in a full time job during that period of time until of this month, when she resigned in order to support her mother overseas.

* I would like to know whether the fact that we are both unemployed at the moment is going to be a problem when applying for the ILR(We both have enough money to support ourselves).

* How soon can I apply for the ILR if my visa runs out on the 29th of May,2010?

* Have you guys established an opinion about the best way to apply for the ILR- Whether by post or in person/Croydon? Please consider that my wife will be out of the country on that time.

Kind regards,

Mike

[MPH80]

A couple of questions:

* How long will your wife be gone? Is she effectively leaving permanently? Why (if you are unemployed) aren't you going with her?

* When did you enter the UK?

To answer the other questions:

Regardless of whether you're going to apply in person or through the post (in person is fine if it's simple) - your wife has to support the application - that means submitting her passport or her birth certificate and she has to sign the form. That's going to be tricky if she's out of the country - especially if her passport if with her. You also have to supply a letter saying she supports the application if you're doing it in person and why she isn't with you (evidence of your wife's mother's illness would be sensible I suspect).

How soon depends on when you arrived - but the minimum is 28 days before the expiry of your visa (e.g. 1st May) - it could be later depending on when you arrived.

Unemployment isn't such a big problem for SET(M) - but you do need to be able to show you can support yourselves. I wasn't asked to show any financial docs during my wife's appointment - but then we did have 2 statements in our '6 documents'.

[Mike100]

To be honest, my wife is planning to leave only for two months, but it could take a little longer( She is going because of personal reasons and not something I could provide documents for).

My visa is valid from the 29.05.2008 until the 29.05.2010 and I have entered the UK on the 19.06.2008. So when exactly could I apply for my IRL.

My wife is planning to fly on the 4th of May,2010. If we would make an appointment in Croydon for the 2nd of May, would the process be finished by that day, or could they delay the documents for further information?

Not sure if you know, but what would happened in case I would get a refusal? Could I still use the rest of the time left for my current visa and then appeal?

Kind regards,
Mike

[mochyn]

The earliest you can apply for your ILR is 28 days before 2 years from the time you entered the UK.
For you this date would be 22 may 2010.
Being unemployed is not a problem but your wife being out of the country will be as you need to submit her passport with your supporting documents.
Application in person will normally be dealt with in a couple of hours if straightforward but I doubt you will get past the document checking office without your wife's passport.
If you apply by post then your visa will have expired before your ILR is issued.
This is the worst possible time for your wife to be out of the country

[MPH80]

The earliest you can apply for your ILR is 28 days before 2 years from the time you entered the UK.

For you this date would be 22 may 2010.

Agreed - 22nd May now we know his entry date

If you apply by post then your visa will have expired before your ILR is issued.

Not a problem though right? His status is valid while the application is being decided surely?

would the process be finished by that day, or could they delay the documents for further information?

It is possible, if they find fault in your application or can't complete the checks, that the documents would be retained - this happened to a lot of people when the PCS strikes happened.

This is the worst possible time for your wife to be out of the country

Absolutely. There is a provision for providing your wife's birth certificate rather than her passport, but you have to provide a letter of explanation and the inference is that it'd better be a good explanation. Given you can't provide documentation as to why your wife is away with her passport, this will probably right alarm bells with the immigration officier.

Good luck - but I strongly suggest your wife delays her plans until you have aquired your ILR.

M.

[Mike100]

Thanks for sharing your knowledge guys.

Obviously it is not much of good news for me, but it is good to know it in order to succeed.

Just two last quick ones:

* During my time in the UK I have been abroad for 25 days. Should that be any problem?

* From your experience, and according to my documents, in case my wife would delay her trip, what would be the best option to be done - Applying by post or in person?

[mochyn]

25 days out of UK - no problem

If you apply in person if you have all neccessary docs - approval in a couple of hours

The fact that your relationship is surviving is of paramount importance

Financial requirements are of secondary importance