living together 4 yrs outside-why discriminative to INside?

[Beth_Dawson]

Has anyone come across any case where this rule wasn't interpreted in the suggested sense. i.e. the couple has to live OUTSIDE the UK.

What if you and your husband lived together 2 years in the UK and two years outside the UK.

Why should you be discriminated against for half of that time being spent inside the home country, paying taxes.

What would they actually gain from this rule?? What does it prove?

[pumkin]

Has anyone come across any case where this rule wasn't interpreted in the suggested sense. i.e. the couple has to live OUTSIDE the UK.

What if you and your husband lived together 2 years in the UK and two years outside the UK.

Why should you be discriminated against for half of that time being spent inside the home country, paying taxes.

What would they actually gain from this rule?? What does it prove?

I am in the position that we came on AV. While in UK rules changed allowing people with UK born mother to register as British. Hubby has to apply for FLR and can't apply for ILR.

There is no provision for 4 years within the UK for ILR, only outside!

[Beth_Dawson]

It seems a crazy rule to me !!!

If anything they can verify living together more easily in the UK where an electoral roll exists and payslips etc can be traced.

Moderators & those in the know :
Can anything be done in terms of seeking formal clarification from the HO? Or can we write to an MP?

[pumkin]

I doubt anything can be done. It just amazes me that here we are, married for 13 years but have to apply for FLR because we are in the UK. Had we applied outside the UK, we could have applied ILE. Boggles the mind!

[ppron747]

....Moderators & those in the know :
Can anything be done in terms of seeking formal clarification from the HO? Or can we write to an MP?

I'm neither, but this page on the IND website says that

The Home Office and its Agencies are committed, under the Freedom of Information Act to:

• promote informed policy making and debate;
• provide timely and accessible information to explain the department's
• policies, actions and decisions; and
• respond to requests for information.

and gives details of how to contact them. If you decide to take them up on this offer, you might like to ask a supplementary question - why did they choose to format three points with four bullets?
As to contacting your MP, I see no reason why you shouldn't. This website may be of help.

I have, incidentally, heard of one or two cases where four-year married couples hadn't spent the whole time outside the UK, but where the non-Brit was given ILE by the overseas post they applied to. However, it isn't clear whether this was because of a shaky knowledge of the Rules or whether the ECO was being admirably pragmatic... I wouldn't like to guess which is more likely!

[JAJ]

I doubt anything can be done. It just amazes me that here we are, married for 13 years but have to apply for FLR because we are in the UK. Had we applied outside the UK, we could have applied ILE. Boggles the mind!

How long have you lived in the UK?

I don't think the Home Office have really thought about this situation. Maybe consult an immigration lawyer to see if it's possible to get a concession outside the Immigration Rules?

And definitely write to your Member of Parliament to complain.