Work permit about to expire, advice needed please

[Zed_II]

Hello.

I wondered if anyone could help me.

I entered the UK on a work permit [ after years in the USA]. Since then I have had 3 jobs in the UK. I've also married, my wife [British Citizen] lives in Nottingham with her family while I live in London [closer to work], and travel to Nottingham on the weekends.

Recently, my Spouse visa application was rejected on the grounds I had provided insufficient evidence supporting our relationship [probably because we were living separately etc].

Now, my work permit is due to expire, the situation has changed in that we now have a daughter, but I continue to live in London while my wife lives in Nottingham with our child because it's far more economical for us.

I fear my second Spouse application will be rejected as my wife and I continue to live separately purely due to financial reasons. My work permit expiry date looms. Can I renew my work permit using my existing employee as a sponsor? If rejected, would I have to leave the UK and apply for another visa? What can I do to make my second ILR application successful in terms of providing evidence supporting our relationship?

Any advice is much appreciated.

Many thanks.

[geriatrix]

What is your current immigration status - work permit holder or spouse of British citizen? When (date) did you enter UK on work permit? How long have you been married?


regards

[Zed_II]

Hi Sushdmehta.

Current immigration status - work permit holder
Date entered in the UK 1st September 2007
Married for 3.5 years.

Thanks for your help.

[geriatrix]

If you are in the UK as a work permit holder, then I do not understand how you could have applied for ILR within 3 years of entering the UK ( the qualifying period is 5 years). To apply for settlement as spouse of British citizen, you should have switched to spouse visa subsequent to your marriage and then applied for settlement after 2 years stay in the UK as spouse of British citizen. (287(a)).

You may apply for extension of stay as a Tier 2 migrant, under transitional arrangements.

Alternatively, you may apply for extension of stay as a spouse of British citizen but you will need to prove the intention of living together permanently and that the marriage is subsisting (284 (vi)).


regards

[Zed_II]

Hi Sushdmehta, sorry my bad, I had applied for a Spouse visa, not ILR.

Many thanks for your advice, I'll look into it. But surely I will run into the same problem as before with respect to providing evidence supporting our marriage - the living apart seems to be an issue.

Thanks again.

[Kitty]

When you say you have had 3 jobs as a work permit holder, have you applied each time you moved jobs to vary your leave to remain so that it relates to the correct employer? Or did you enter the country with an HSMP visa that allows you to work for whoever you like?

In terms of leave to remain as a spouse and the issue of living together, you said that your wife lives "with her family". I think you would be in a stronger position if you were able to show that she lived at your "family home": i.e. the place you also call "home" whatever your work commitments during the week. Do you receive all your normal post to the family address? Are you registered locally with a GP etc? Do you belong to any local clubs or religious institutions? What living arrangements do you have during the working week?

What communication is there between you and your wife during the week? Do you have phone bills/emails/IM records etc that show your relationship is ongoing?

When your previous application was refused, did you produce any evidence like this, and if so what did the refusal notice have to say about it?