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Spousal ILR Dilemma

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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NSM
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Joined: Thu Apr 12, 2012 1:35 pm

Spousal ILR Dilemma

Post by NSM » Thu Apr 12, 2012 2:06 pm

Hi all,

A short history before I get to my true dilemma...

I am British and my wife is from the USA. My wife and I married in NH, USA in Jan 08. She then applied for a visa and joined me in the UK in April 08. Two years later we had the opportunity to apply for ILR, but opted to extend for another two years as we didn't have the money at the time, plus my wife was a little unsure she would pass the Life in the UK test.

Fast forward two years, her visa now expires on 25th May. It seems a pretty straightforward application with a couple of issues.

(i) my wife was out of the country between Sept 10 and Feb 11. She went home to stay with relatives while I looked for somewhere for us to live (rent) long term. I was forced to stay with family here in the UK and the flat hunt took a few months longer than expected...

(ii) We are planning on attending a family reunion in Maine in August, so would like the application wrapped up before then.

Our problems have been compounded by the realisation I have lost my passport and need to order a replacement (6 weeks)...

Should we apply in person, presumably at Croydon PEO, or just submit SET (M) via post and take our chances on it being wrapped up within a couple of months?

Thanks in advance for taking the time to read this and help us out

chosenaik
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Posts: 214
Joined: Mon Jan 10, 2011 1:51 pm

Post by chosenaik » Thu Apr 12, 2012 2:10 pm

Although its not a condition for ILR, the fact that your wife was away in the US with you in the UK, may raise questions from the case worker. You may be asked to provide evidence that this is a genuine relationsbip for which you can provide letters etc. that show your names and the same address.

bob-russell
Member
Posts: 109
Joined: Thu Feb 09, 2012 1:22 pm

Post by bob-russell » Thu Apr 12, 2012 2:13 pm

Forget the idea that a postal application will take a couple of months. They are taking closer to six months!
Disgraceful service but how it is at present.
I doubt the absence from the UK would be an issue, worth supplying a detailed explanation but perhaps someone with a bit more experience should comment on that one!

NSM
Newly Registered
Posts: 2
Joined: Thu Apr 12, 2012 1:35 pm

Post by NSM » Thu Apr 12, 2012 2:25 pm

Thanks for the initial respose guys.

Kind of feared the current postal response would be a little longer than I hoped. We have all the documentation to support our ongoing 4 year marriage, the delay was more down to a massive lack of organisational skills on my part.

I take it making an appintment at Croydon is a case of the sooner the better?

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