ILR application advise

[Terrie88]

Hi,

Can a nice forumer give me an informative advise of what to do, here is my questions.

I am married to British Citizen and currently holding a spouse visa. I arrived in the UK on 9March 09, when should I submit my application for my ILR if my visa will expire 17May2011? And also I went to visit 3 times in the Philippines last year and that total of 86 days absence in the UK? Is that going to affect my application for ILR? I need to know as Im planning to go back to the Philippines again and I wanted to get ILR before I go back else my visa will expire while im in the Philippines.

Thank you in Advance :)

[Breakfast]

My understanding is you can apply up to 28 days before the completion of two years in the UK on a spouse visa (I don't think you can include time spent in the UK on a fiancee visa)

I am not sure of the affect of absences from the UK on your eligibility for ILR, but it is something you have to bear in mind if you seek naturalisation a year later.

Have you taken the Knowledge of Language and Life test yet?

[Terpe]

Terrie,

If you arrived to UK 9 March 2009 on spouse visa you have 27 months visa.

The qualifying period for ILR is 24 months living in UK
You may apply 28days before the end of the qualifying period.
In your case 28 days from 9 March 2011
So the earliest date that your ILR application is allowed to be made
is 10 Feb 2011

Before applying for your ILR you will need to have a pass certificate for
Life in UK test. If you have not already passed this you can take this test at anytime.
You will need to book the test at a Test Centre near to you. The test currently costs £34.
You can take this test as many times as is needed, but you must pass before applying for ILR.

Full details of the test are here:-
http://www.lifeintheuktest.gov.uk/

I suggest you start to review the requirements for ILR so that you can begin
preparations for some of the documentations that are required.

Example of the form look here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/formsetm0420091.pdf

Example of the ILR guidance look here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/settlement/guidesetm0420091.pdf

There is no mention, question or declaration for any restrictions on absences from UK so
your 86 days will be OK.
But as Breakfast said, there are restictions on absences when applying for British Citizenship. These
restrictions go back a few years also.


Good luck

[Breakfast]

I have been looking into absences from the UK and how it affects application for ILR. Historically, the absence periods allowed when applying for ILR were similar to those when applying for naturalisation (averaging 90 days/year)

But the UKBA then dropped any sepcific requirement and left it to the discretion of their officials!

But there now seems to be some clarification on this, which indicates you should have no more than 4 weeks absence each year! So, I think your 86 days absence may well prove a problem!

[Terpe]

.....But there now seems to be some clarification on this, which indicates you should have no more than 4 weeks absence each year! So, I think your 86 days absence may well prove a problem!......

:yikes: Breakfast, what is the source for this information???
A friend of mine needs to return to Phils for a funeral. She plans to be away for more than 28 days and will apply for ILR in April 2011.
Please let me know ASAP

[Breakfast]

:yikes: Breakfast, what is the source for this information???
A friend of mine needs to return to Phils for a funeral. She plans to be away for more than 28 days and will apply for ILR in April 2011.
Please let me know ASAP

http://firstmigration.com/visas/uk/indefinite-leave-to-remain-ilr

I have tried to find a definitive answer on the UKBA website, but cannot. It seems crazy that the rules over absences should be so much tighter to get ILR than naturalisation

[Terpe]

Breakfast, where is your source for the 28 days that you mentioned??

You will not find any definitive UKBA answer on this specific.
This is what is currently stated in the latest version of the Immigration Instructions for spouses:-


There is no specific requirement in the Rules that the entire probationary period must be spent in the United Kingdom. For example, where an applicant has spent a limited period outside of the United Kingdom in connection with his employment, this should not count against him. However, if he has spent the majority of the period overseas, there may be reason to doubt that all the requirements of the Rules have been met. Each case must be judged on its merits, taking into account reasons for travel, length of absences and whether the applicant and sponsor travelled and lived together during the time spent outside the United Kingdom. These factors will need to be considered against the requirements of the Rules.

No mention of any 28 day restriction.
No mention of any absence restrictions other than 'majority of period'

Even work permit or points based system people making ILR applications are not restricted to such short absences as 28 days per year.

[Breakfast]

Sorry, Terpe, I may have jumped the gun a little! I have called the company (whose link I provided) and they say there is no such rule on Spouse Visas.

What the gentleman told me is that they have reduced the number of days absence allowed from 450 days to 180 days (over 5 years) for Visas (other than Spouse) when applying for ILR So, he recommends not going absent for more than 4 weeks each year if you have a non-spouse Visa and wish to apply for ILR.

He told me that he would not see a problem with 86 days absence in one year on a Spouse Visa (based on something in European Human Rights).

He confirmed that the number of days absence allowed when applying for naturalisation still remains at an average of 90 days/year, so this does conflict with the new (unpublished) absence rules for non-spousal ILR applicants.

He says that this government has brought in this new lower limit for non-spouse ILR applications by stealth and that it is not mentioned anywhere officially!

It seems his company has generated extra business from those applying for ILR recently where they have had an absence from the UK just in excess of 180 days over 5 years, even if those 180 days were accrued before the new rules came into force!

[Terrie88]

Hi, Thanks guys for replies and advise, I also came here and stay for the whole six months on visit visa prior to my spouse visa would that be included in my 2 years stay? my absences in the UK was going on a holiday with my husband.

Thank you :)

[joebloggs]

no rule, but the UK is suppose to be your home, it is at the discretion of the case worker, if you spend too many days out of the Uk without a good reason, then you could be refused..