spouse visa / 4 year rule

[sammy79]

This is a tricky one and I'm not sure if there's anybody else out there planning to use the 4 year rule ?
We are due to qualify for the 4 year rule in August and were hoping to use this for a planned return to the UK. However we are now thinking that we may try to apply using the 4 year rule at the beginning of July(2nd) making it clear in the application that we plan to travel, 1/2 august.
We have been married since Oct 2007 and living together overseas (outside EU) since Aug 2008 with several prolonged visits in between (amounting to about 2/3 months during Oct 2007-Aug 2008) We meet all of the other requirements re finances / accommodation etc but just not sure about the timing of things.
Is it just a case of preparing a really solid application and highlighting the strengths then relying on the discretion of the ECO ? If not satisfied re timings will the ECO just put in a spouse visa stamp for the 27 months instead under the old rules ( as we are applying before the 9th July ? ) At a push we could be in the UK before the 9th, Not using the 4 year rule but feel it would be a shame to come so close and not try......... i hope that these endorsments are still being given and are not now defunct anyway ........

(Applicant not yet obtained KOL however has English requirements. I am aware that if granted the "ILE KOL required" endorsment that transitional arrangements allow for the ILR once KOL has been met under the old rules. )i know that each case is unique and different ! really appreciate any comments ..........

[Lucapooka]

If the visa is issued before July 10 and you do indeed get a KOL REQ endorsement, you will still have 27 months to enter the UK, take the test and apply for ILR.

[Greenie]

putting a date of travel which takes you to the 4 years is not going to result in the ECO granting your spouse the visa with the KOL required endorsement. Your only hope is that by the time they make a decision on the application you will have been married and living together o/s the UK for the 4 years. It's the date of decision and not the date of your intended travel that is the relevent date in terms fo whether the requirements are met.

where were you living from Oct 07 - Aug 08?

[sammy79]

Thanks for the replies. We were living overseas but partially seperated for some reasons between Oct 07- Aug 08 but spouse came to and fro the UK about 5 times during this period and we lived together, in preparation to join me overseas. Immigration stamps are available on her passport to prove the number of times/ days of journeying during this period.
Also spouse was given an Indefinite Leave in Jan 08 of the country we resided in. Can all of these prove that being now married close to 5 years, we have actually lived together more than 4 years?

Also is it the date of decision on application, visa endorsement date or applying before the 9th of July that really matters in being considered under the old rules?

Thanks

[Greenie]

As long as you apply before 9th July the application will be considered under the old rules. Make sure you are aware of the procedures for applying in the country you are in to ensure you are able to submit an application before the rules change.

My point about the date of consideration being relevent was that if you have not lived together for 4 years by the date of decision, your wife won't be granted the KOL reqd endorsement but just the standard 27 months.

I don't quite understand your dates re living together overseas.

[sammy79]

Hi Greenie thanks for the replies,

we were separated due to reasons that were beyond our control between Oct 2007 ( getting married) and Aug 2008 ( beginning to live together permanently) during which time my wife ( the sponsor) travelled from the UK to join me in my country of residence 4 or 5 times. Therefore technically we may not be considered to have been 'living together' as such before my wife was able to join me permanently in August 2008, though I believe discretion may be applied in this case........ we will simply state the facts as they are and ask to be considered for the 4 year rule. If we don't get it that would be a shame but I do think it's worth a try

[Greenie]

Hi Greenie thanks for the replies,

we were separated due to reasons that were beyond our control between Oct 2007 ( getting married) and Aug 2008 ( beginning to live together permanently) during which time my wife ( the sponsor) travelled from the UK to join me in my country of residence 4 or 5 times. Therefore technically we may not be considered to have been 'living together' as such before my wife was able to join me permanently in August 2008, though I believe discretion may be applied in this case........ we will simply state the facts as they are and ask to be considered for the 4 year rule. If we don't get it that would be a shame but I do think it's worth a try

definitely worth a try.

where are you applying from?

do you have evidence of your wife being with you in the Oct 07-Aug 08 period? How long were these visits for?

[sammy79]

Hi Greenie thanks for the reply - have PM'd you : )