Entering the first time on Indefinite Leave to Enter status

[cariad73]

So I am a US citizen married to a UK citizen for over 4 years. I just received my ILE visa (no conditions) in my passport, and we are planning on heading over to the UK soon.

When I got the visa, the immigration officer said that we should only enter when we are fully ready to settle, and not plan on a taking a short trip first.

We have been talking about it, and it just doesnt seem realistic for our plans. We would like to go over for a quick trip to set up housing, and job stuff, then come back and sort out our business here before we make the final move. This is just more realistic for our situation.

But, I know that the first time we enter, we have to be together, and once I have that initial stamp, I am no longer required to enter and leave with him (which will be more convenient for sure!).

So, I guess the question is....if we go through passport control that first time, and we have return tickets showing we are going back to the states fairly quickly...is that going to be a problem? I mean our intention is to make that the first part of us "settling" in the UK...but I dont want to run into any issues with them saying "well why are you going back so soon if you are settling here?". Will they even ask those kind of questions...ask to see our plane tickets, etc?

Any insight is appreciated. This is the part that makes it harder for us to do this in the way that is economical and/or feasible....because ideally I would go over there myself the first time, since I am the one sorting out my job situation in London first, but we are already going to have to pay for his ticket so I can enter with him....

[bbdivo]

So, I guess the question is....if we go through passport control that first time, and we have return tickets showing we are going back to the states fairly quickly...is that going to be a problem?

To be perfectly honest, I don't think they will even want to see your plane tickets. If you were on regular holiday/business visas then asking to see your ticket would be expected.

Coming in for the first time you should have no problems, coming in the second time is when you may have a more throrough questioning, if you're coming for a visit to set up shop and then go back to the US and then come back fairly soon after I don't think you will have a problem, if say you come back after for example 6 months you may raise some eyebrows.

[cariad73]

Thanks for the insight...

Curious why the second time would be more of an issue though....

Why do they care once I have the status when I come or go? Isn't that the point? Kind of makes it hard to be flexible with work and arrangements...

Ironically, its so easy to get the visa, unlike a greencard in the US...but it seems that once you have a greencard in the US, passport control could care less about it. Seems to be the opposite with residency in the UK.

[bbdivo]

Thanks for the insight...

Curious why the second time would be more of an issue though....

Why do they care once I have the status when I come or go? Isn't that the point? Kind of makes it hard to be flexible with work and arrangements...

Ironically, its so easy to get the visa, unlike a greencard in the US...but it seems that once you have a greencard in the US, passport control could care less about it. Seems to be the opposite with residency in the UK.

You would get the questioning on your second entry because they would be able to tell how long you have been out of the country after your first entry, if you've had long absences then that would raise some questions, if you're coming and going on a regular basis, you shouldnt have a problem.

[cariad73]

Good to know...thanks!

[John]

I know that the first time we enter, we have to be together

Can I ask where that came from? I ask because I have never heard of that before. I simply don't think it exists as a requirement.

For example your spouse might come over to the UK say tomorrow and you could follow two weeks later. No problem at all in that.

Many people with settlement visas enter the UK alone.

[cariad73]

I understand that I could enter without him the first time IF he was already in the UK, but if not, he needs to be entering at the same time.

The point is that I cannot go over the first time for settlement entry if he is still in the states.

[Dawie]

I understand that I could enter without him the first time IF he was already in the UK, but if not, he needs to be entering at the same time.

The point is that I cannot go over the first time for settlement entry if he is still in the states.

I'm sorry but you understand wrong. I agree with John, there is nothing as far as I can see in the immigration rules that states that you have to be with your spouse to enter the UK for the first time on your settlement visa.

Many many non-UK citizens return to their home countries, obtain a settlement visa on their own without their spouse (but obviously based on being married to their spouse) and then return to the UK on their own.

[cariad73]

Well, this is what the immigration officer told me, and:


To qualify for admission as a spouse, you must show that;

* The sponsor is present and settled in the United Kingdom, or is to be admitted for settlement at the same time as the applicant arrives in the UK;


From: http://www.britainusa.com/visas/other_s ... her_ID=322

[John]

Ah, I was wondering about the source of your information!

I think it will be useful to you to download this PDF file from the IND website. Having done so have a read of paragraph 2.1, namely :-

Interpretation of "present and settled"

"Present and settled" means that the person concerned is settled in the United Kingdom and, at the time an application under these Rules is made, is physically present here or is coming here with or to join the applicant and intends to make the United Kingdom their home with the applicant if the application is successful.

Accordingly I feel that your interpretation is far too strict, and not in accordance with the words in that PDF document, which are incidently part of the instructions that IND gives to its staff.

You will appreciate that "is physically present here or is coming here with or to join the applicant" covers :-

• where the applicant enters the UK when the sponsor is already in the UK, or
• when they come to the UK together, and also
• when the applicant enters the UK, to be followed later by the sponsor

[cariad73]

Interpretation of "present and settled"

"Present and settled" means that the person concerned is settled in the United Kingdom and, at the time an application under these Rules is made, is physically present here or is coming here with or to join the applicant and intends to make the United Kingdom their home with the applicant if the application is successful.

Accordingly I feel that your interpretation is far too strict, and not in accordance with the words in that PDF document, which are incidently part of the instructions that IND gives to its staff.

You will appreciate that "is physically present here or is coming here with or to join the applicant" covers :-

• where the applicant enters the UK when the sponsor is already in the UK, or
• when they come to the UK together, and also
• when the applicant enters the UK, to be followed later by the sponsor

John -- I would love it if that was the case. Because ideally it would be more convenient for me to go first, and have my husband join later. But what about the immigration office telling me we should enter together the first time? It sounds like there is a lot of room for intrepretation on this one, and I would hate to get someone at passport control who is a total hard mule...and have them not give me the right stamp, etc... or worse yet - TURN ME BACK!

.
.
.

[John]

In your opening post in this topic you said :-

Any insight is appreciated.

OK, you have had some insight .... but no one can force you to take any account of the comments that have been made. Totally your choice.

[cariad73]

In your opening post in this topic you said :-

Any insight is appreciated.

OK, you have had some insight .... but no one can force you to take any account of the comments that have been made. Totally your choice.

No no...I totally agree. I really appreciate the feedback. I have a consultation with a lawyer tomorrow, and I am going to bring up what you posted, because I am hoping they will agree with your assesment.

Thanks!!

[John]

You call it my assessment! It is actually the written instructions that IND gives to its staff. Not sure what more you want.

[Smit]

If I may give my 0.00001p:

To qualify for admission as a spouse, you must show that;

* The sponsor is present and settled in the United Kingdom, or is to be admitted for settlement at the same time as the applicant arrives in the UK;

In your case your spouse is deemed to be already present and settled in the UK by virtue of being a British Citizen and therefore there is no requirement that both of you come to the UK together.

Your spouse and you would only be required to come together if both of you were being admitted for settlement at the same time (i.e. if your spouse was also travelling to the UK first time with an ILE stamp), this clearly is not the case here.