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ILE inquiry - aggregate years?

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Mamalama
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Joined: Sat Jan 19, 2013 2:58 am

ILE inquiry - aggregate years?

Post by Mamalama » Sat Jan 19, 2013 4:13 am

Hi, apologies if this type of questions buried somewhere within your very informative posts.

Here's the situation.

Met wife in 2006 - living outside the UK
Married in 2009 - living outside the UK
2009-2010 (exactly 12 months) lived in the UK together when my wife was on the <27 months spouse visa
2010-now - living outside the UK

My question is:

If we have been married for almost 4 years, 3 of which outside the UK and 1 of which in the UK can we rely on the 4 year rule to gain ILE for my wife? Or does the timer start from 0 if we spent first year of married life in the UK?

Our we able to rely on all time spent together as defacto husband/wife since 2006 i.e. 7 years? Or does only formal marriage and after count?

I'm a UK national FYI.

Interesting to see if anyone else has experienced this before?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sat Jan 19, 2013 4:31 am

It is no longer possible for a spouse to apply for ILE based on 4 years marriage living together outside the UK since the rules changed in July 2012. (but fyi time spent living together in the UK didn't count). Your wife will need to apply for a spouse visa under the new rules and will have to spend 5 years in the UK with you to qualify for ilr.

Mamalama
Newly Registered
Posts: 2
Joined: Sat Jan 19, 2013 2:58 am

Post by Mamalama » Sat Jan 19, 2013 9:19 am

I noticed this news update: abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
(http://www.ukba.homeoffice.gov.uk/sitec ... -migration)

However this link (http://www.ukba.homeoffice.gov.uk/sitec ... -migration) provides info for spouse of a British Citizen: __(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and (referring to 281 b i found at http://www.ukba.homeoffice.gov.uk/polic ... _partners/)

It appears from that these links provide the rules that are still in place, though perhaps you guys have additional updates that would suggest otherwise?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sat Jan 19, 2013 10:39 am

Those applying after 9 July are subject to appendix FM unless transitional arrangement apply. See below

http://www.ukba.homeoffice.gov.uk/polic ... -8-app-fm/

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