UK Settlement Visa - Spousal

[schofieldj]

Hello, I hope I can get something's clarified. I am a Canadian citizen and got married to my husband last year. He is a British Citizen. We applied online for a UK Settlement Visa and went to Ottawa to do our biometrics etc. I was accepted and today I got my documents sent back to me via courier. Inside my passport was my UK Entry Clearance valid from 22/02/12 until 22/05/14.
We plan to arrive in the UK around 22nd May this year as we have some things to sort out and loose ends to tie up in Canada. However, I have read some information on the UK Border Agency's website and some of it seems vague.
If we come to the UK on or before 22nd May, will I be eligible in the future to directly apply for SET(M)? As I think you have to have a 2 year qualifying period in the UK. Would this mean I would be unable to leave the UK to travel or visit home during this period (even if only for a couple of weeks)?
You see my husband and I don't really want to have to apply for FLR(M) as its further expense and time. So ideally we would like to (when the time comes) apply directly for SET(M). It would give me time during those 2 years to take the Life in the UK test too. So all this would impact when we leave for the UK.
When we arrive in the UK we won't have our own place to stay to begin with. We will stay with my husbands parents whilst we find a job etc. Would this impact my future SET(M) application due to us not having documents proving joint accounts (utility bills, council tax bills, tenancy agreement) going back the full 2 year qualifying period? As we may not find our own place until a couple months into our stay in the UK.
I'm sorry if there are a lot of questions, but some of it confuses me and we just want to find out the best way to go about things.

Thank you all in advance,
Jen

[John]

Jen, there are two separate issues being raised. Firstly as regards possibly applying for ILR, the application for that can be submitted no earlier than 28 days before the 2nd anniversary of the date of first entry to the UK using the spouse visa. And no later than the expiry date of the spouse visa.

Accordingly arriving in May 2012 is not a problem.

Secondly you raise the matter of "Would this mean I would be unable to leave the UK to travel or visit home during this period"? No it does not mean that at all. You are not tied to the UK after you arrive. Indeed there is no particular day count relevant to applying for ILR, but it needs to be clear that you are settled in the UK, and not just using the spouse visa like some glorified visitor visa.

However if you later intend to apply for Naturalisation as a British Citizen, do note a limit of 270 days outside the UK in the 3-year qualifying period, so do not overdo the absences from the UK.

Finally :-

We will stay with my husbands parents whilst we find a job etc. Would this impact my future SET(M) application due to us not having documents proving joint accounts (utility bills, council tax bills, tenancy agreement) going back the full 2 year qualifying period? As we may not find our own place until a couple months into our stay in the UK.

It continues to amaze me that people think it is necessary to have documents in joint names. It is simply not the case, although documents in joint names are also totally OK.

The documents simply need to prove that the two of you are living together, at the same address. So, for starters, after the two of you arrive in the UK, both register at a local GPs practice, near to parent's address, and thus both get NHS cards. Both will show you living at the same address! A good start to collecting your evidence.

[schofieldj]

Hi John,
Thanks for your very quick reply. The information is most helpful and has cleared up the uncertainties we had.
Thanks,
Jen

[schofieldj]

Accordingly arriving in May 2012 is not a problem. Secondly you raise the matter of "Would this mean I would be unable to leave the UK to travel or visit home during this period"? No it does not mean that at all. You are not tied to the UK after you arrive. Indeed there is no particular day count relevant to applying for ILR, but it needs to be clear that you are settled in the UK, and not just using the spouse visa like some glorified visitor visa.

Sadly since this time my mother-in-law has passed away. We traveled to England in March for the funeral and explained everything to the immigration officer. She stamped my Settlement Visa and after our short time for the funeral we arrived back in Canada to finalize our plans to move to the UK as originally intended.

Due to complications and circumstance we may not be able to go back to the UK permanently until a little later than first planned in May. We may not be able to go back until July/August.

Would this impact my ILR? I don't them to think I am using it as a glorified visitor visa. Whilst in England in March for the Funeral I got my NHS card, registered at the GP, sent out my CV etc. but it just means my temporary journey back to Canada to finalize our plans for the UK may be a little longer than first expected and I don't want this to jeopardize anything in anyway.

So my husband and I are in limbo as to how best to proceed.

[John]

Would this impact my ILR?

No

I don't (want) them to think I am using it as a glorified visitor visa.

I think it is clear you are not doing that.