ILR question :-)

[mhaedonald]

Hi everyone! long time no post for me but i'm visiting the site almost everyday.. Hope all of you are doing good... Well me and hubby are back in uk again :-) Just want to ask you guys if what is the best way to contact UKBA? I just want to ask them if i'm qualified for applying ILR coz my FLR going to end on October... Thanks in advance and Godbless to all

[Bluebirdjones]

U don't need to contact them.

If you've complied with the terms of the FLR (ie, got married, and I assume that you have from the photo), then you merely fill in the ILR form and send it to them

..... and expect to wait 7-17 weeks.

Good luck

[Arthur Little]

, Mhae ... as always, it's good to see you posting here whenever a busy lady like yourself has the time to do so.

ILR can be applied for 28 calendar days prior to the second anniversary of the date on which you arrived in the UK as a Spouse. Say, for example, you came on July 31st 2010 ... then you'd be eligible to apply from around July 3rd/4th 2012.

Now ... bearing in mind what the previous poster has mentioned about the somewhat variable and [usually] lengthy waiting periods involved when applying by post, you may feel you would prefer to do it through a Public Enquiry Office. Unfortunately, there is only ONE of those serving the whole of Scotland ... and it's located in Glasgow - a considerable travelling distance from Stonehaven, as you know.

Another [major] factor for careful consideration is, of course, cost - currently £1,377 as against £991 - but very worthwhile, in my opinion, for the sake of avoiding the feelings of uncertainty and stress that are inevitably part and parcel of the process.

At the end of the day, the decision is yours and Donald's. And, obviously, much depends on what you feel you can afford financially.

Hopefully, my post will be of assistance when the time comes to make application.

[Terpe]

The qualifying period for ILR is 24 months living in UK as Spouse (this does not include any time under Fiancee Visa)
You can apply 28 days before reaching the end of the qualifying period.

Before applying for your ILR you will need to have a pass certificate for "Life in UK" test.

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

Take a look here for details of ILR application form and guidance notes

You can download the forms from the links at the upper right-hand side of the page.

Hope this helps

[Arthur Little]

... meant to include the PEO address & telephone number; these are as follows:

UK Border Agency
Festival Court
200 Brand Street
Govan
GLASGOW
G51 1DH

0141 555 1572

Opening Hours (BY APPOINTMENT ONLY) 09.00 thru' till 15.00 (Mondays to Fridays)

N.B. Doors close at 15.00 prompt.

[Terpe]

I would also support Arthurs view, if you can support the budget and your application is complete and compliant.
The waiting may be long and stressful sometimes with unexpected twists and turns. With PEO the decision and visa is made on the day.

It's your choice based on your own circumstances.
See how your application and budget looks when it's time.

All best wishes and good luck.

[mhaedonald]

Hiya thanks for all the reply.. Me and my hubby wants to contact the immigration only to ask if i am qualified to apply for it..I arrived here in fiancee visa last June 2010, then we got married by August and have my FLR by November.. So means my Flr will be finished this year and i need to apply by October,am i right? but our only concern is if im qualified coz my hubbies work is 1month korea and 1 month uk rotation, and he is always bringing me whenever he go.. So means ive been out of the country many times monthly. i'm just worried that if we apply and they refuse my visa there's no refund and lose 1,377gbp ... My husband is just thinking if they refuse me ,what is their basis as he is bringing me whenever he work and it shows that we are really living together... Just really worried to lose that big visa fee :-( thanks every one godbless

[rusty]

For ILR you have to show not only that the relationship is still on-going but also that you reside in the UK.

As you spend half your time outside of the UK this may be an issue.

There is no stated residential requirements when you apply for ILR but when you apply for citizenship you will have to show the following:-

Residential requirements


In order to demonstrate the residential requirements for naturalisation you need to:

• have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
• have been present in the United Kingdom three years before the date of your application; and
• have not spent more than 270 days outside the United Kingdom during the three-year period; and
• have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
• have not been in breach of the immigration rules at any stage during the three-year period.

If you want to contact the UKBA then I would suggest you write to them at

UK Border Agency, Lunar House, 40 Wellesley Road, Croydon, Surrey CR9 2BY

[Terpe]

....but our only concern is if im qualified coz my hubbies work is 1month korea and 1 month uk rotation, and he is always bringing me whenever he go.. So means ive been out of the country many times monthly. i'm just worried that if we apply and they refuse my visa there's no refund and lose 1,377gbp ... My husband is just thinking if they refuse me ,what is their basis as he is bringing me whenever he work and it shows that we are really living together... Just really worried to lose that big visa fee :-( thanks every one godbless

You do not need to contact UKBA about that as there are no specified residence requirements for ILR application.
The ILR application form makes no mention or question about absences or restrictions on absences from UK, nor does it require any declaration concerning any absences from UK.

[Terpe]

.....I arrived here in fiancee visa last June 2010, then we got married by August and have my FLR by November.. So means my Flr will be finished this year and i need to apply by October,am i right? ...

The earliest date you can apply for ILR is 28 days before the end of your 24 month qualifying period of living in UK as a Spouse under FLR.

Do not apply before that.

[Terpe]

You do not need to contact UKBA about that as there are no specified residence requirements for ILR application.
The ILR application form makes no mention or question about absences or restrictions on absences from UK, nor does it require any declaration concerning any absences from UK.

As rusty has mentioned there are restictions on absences from UK when your time comes to apply for British Citizenship.
These restrictions count back for 3 years if spouse or civil partner.

There is discretion to disregard absences in excess of these limits in certain cases.
Work related cases are usually included but these may not apply to spouses.

I would wait until you have secured your ILR before making enquiries at UKBA about future application for absence disregard.
Just my opinion

[Terpe]

If you were planning to apply for British Citizenship sometime in the future, then
take a look here under section 5 page 31 for published details of absences from UK.
Hopefully it will give you some useful information to work with and help with your planning

[mhaedonald]

Thanks so much for the very useful infos...Atleast now we won't worry anymore with my ilr.... Godbless to everyone!