Hope you are enjoying your long weekend. I am spending it with a bit of anxiety
. My wife (marriage in Jan 2015) is currently on Tier-2 dependent. It was first issued on 8/6/2015 till 15/12/17. She first entered UK on 01/7/2015. We applied for extension on 29/11/2017 and got an extension till 29/11/2020.
I am a British Citizen now. I naturalised on 10th Jan 2018.
My ILR was granted on 22/9/15 after 5+ years on Tier-2 General. I was on Tier-2 Gen when we married.
We have 2 children and both are British Citizens (Both born while I had ILR). Girl aged 2yrs and boy 1yr.
1) She will be due to apply for ILR on or after 01/7/2020 after 5 years of stay provided she passes Life in UK, English language. What about her absence from the UK? I know the rules have changed from 8th Jan 2018 but what about the absence between 01/7/15 and 8/1/18?
2) If successful for ILR then she should be able to apply for British Citizenship/Naturalisation after a year of ILR so that would be July 2021. Correct?
Now the dilemma.
I have a job offer abroad and I have to move by the end of this year if I accept. As it is a full time job I will cease to be a UK resident. I am planning to leave my wife and kids in the UK until she gets British Citizenship. I will visit them on annual leave and she can come and visit me abroad for a time period less than 180 days in a 12 month period to avoid any problems with her getting ILR. We would continue with a similar arrangement so as not to jeopardise Naturalisation.
I will have different documents to prove cohabitation. Both our names are on Tenancy Agreement, Council Tax, Water bill, Electricity Bill, Gas Bill, Joint Savings Bank Account, Marriage Certificate, Both kid's Birth Certificates have both our names. My name appears as spouse on her passport.
Will the UKVI ask for my passport when my wife applies for ILR?
If so, then they will know that I am living abroad. I have no intention of hiding this either. Plus when my wife will visit me we will have to record this on the absence table in the form and will mention the purpose as visiting family/husband.
My million dollar question....
Do I have to physically live with her in the UK till July 2020 for her to get ILR?
Any other options for her to get ILR with her current stay?
It is a very nice job and I am not keen to say no.
Looking forward to your reply.
Bye
Sidmi
