Spouse visa to ILR help!!!

[san.adams214]

Hi there,

I have a 'slight' problem here.

I went to the UK from 2005 and studied there until 2011. After that, i married my lovely English boyfriend after going out with him for 4 years. After that, I applied and was granted spouse visa in September 2011 before the new rules applied from 9th July 2012. During the 2 year probation period, we spent one year living together in the UK. After that, we went to Vietnam to visit my family and have lived here together from September 2012 till now to set up our future business here since the job market in England was pretty bad!

My spouse visa will expire this September and we'll go back to England in July before the visa expires and i want to ask if i can apply for ILR regardless of the time spent outside the UK. I have done lots of research and read info from UKBA saying that "Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.''

The problem is i dont know how much time is considered 'a limited time abroad'. My husband and I have been living together for 4 years (2 years before marriage and 2 years after). As we have spent 9-10 months abroad, will that affect my ILR application? I asked my mother in law to phone up the Home office to ask about it but they did not answer the question and gave me the same info as stated on the website.

Also, will i have to prove my income (£18k) if my spouse visa was granted before the new rules from 9th July 2012? I dont work in the UK and i am self-employed in VN.

If anybody has been in the same situation, please advise me.

[Amber]

Hi there,

I have a 'slight' problem here.

I went to the UK from 2005 and studied there until 2011. After that, i married my lovely English boyfriend after going out with him for 4 years. After that, I applied and was granted spouse visa in September 2011 before the new rules applied from 9th July 2012. During the 2 year probation period, we spent one year living together in the UK. After that, we went to Vietnam to visit my family and have lived here together from September 2012 till now to set up our future business here since the job market in England was pretty bad!

My spouse visa will expire this September and we'll go back to England in July before the visa expires and i want to ask if i can apply for ILR regardless of the time spent outside the UK. I have done lots of research and read info from UKBA saying that "Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.''

The problem is i dont know how much time is considered 'a limited time abroad'. My husband and I have been living together for 4 years (2 years before marriage and 2 years after). As we have spent 9-10 months abroad, will that affect my ILR application? I asked my mother in law to phone up the Home office to ask about it but they did not answer the question and gave me the same info as stated on the website.

Also, will i have to prove my income (£18k) if my spouse visa was granted before the new rules from 9th July 2012? I dont work in the UK and i am self-employed in VN.

If anybody has been in the same situation, please advise me.

If you are wanting to set up life in Vietnam that may prove more than a limited time abroad. However, if you indicate on the form that you intent to life in the UK it shouldn't be a big issue. Though it will be judged on its own merits.

As you are under the old rules you have to be able to adequately maintain and accommodate yourself as opposed to any strict financial requirement.

[san.adams214]

Hi there,

I have a 'slight' problem here.

I went to the UK from 2005 and studied there until 2011. After that, i married my lovely English boyfriend after going out with him for 4 years. After that, I applied and was granted spouse visa in September 2011 before the new rules applied from 9th July 2012. During the 2 year probation period, we spent one year living together in the UK. After that, we went to Vietnam to visit my family and have lived here together from September 2012 till now to set up our future business here since the job market in England was pretty bad!

My spouse visa will expire this September and we'll go back to England in July before the visa expires and i want to ask if i can apply for ILR regardless of the time spent outside the UK. I have done lots of research and read info from UKBA saying that "Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.''

The problem is i dont know how much time is considered 'a limited time abroad'. My husband and I have been living together for 4 years (2 years before marriage and 2 years after). As we have spent 9-10 months abroad, will that affect my ILR application? I asked my mother in law to phone up the Home office to ask about it but they did not answer the question and gave me the same info as stated on the website.

Also, will i have to prove my income (£18k) if my spouse visa was granted before the new rules from 9th July 2012? I dont work in the UK and i am self-employed in VN.

If anybody has been in the same situation, please advise me.

If you are wanting to set up life in Vietnam that may prove more than a limited time abroad. However, if you indicate on the form that you intent to life in the UK it shouldn't be a big issue. Though it will be judged on its own merits.

As you are under the old rules you have to be able to adequately maintain and accommodate yourself as opposed to any strict financial requirement.

Thanks for your quick reply. I do not plan to live in VN for good. I have been staying here mainly to visit my family and see future potentials of running a business. As i am self-employed, i dont have pay slips but i do have saving accounts in Vn and in the UK (with bank statements). Will this do?

My husband and I are planning to have a baby. My plan is to apply for ILR this August and if i get it, i will probably stay in UK for a few weeks, then back to VN for a few months and then back to UK next summer to deliver my baby and stay there for 9 months. After this 9 months, we might go back to VN to keep an eye on ohr business. So i am really confused here. I read some posts saying that i must not spend more than 2 years outside the UK if i want ILR. But i dont know what they mean by '2 years'. Is this continuous 2 years or i can go and back and forth as long as i dont spend continuous 2 years in VN?

Sorry for asking too many questions. I am really confused