Question about Settlement ILE 4 years married outside the UK (rule 281 (b)(i))

[ccw71]

Hi all, I've done a lot of trawling the net to find more information on this type of application, but it doesn't seem to be so common. I am the British husband, my Filipina wife is the applicant.

Here are my questions, hopefully someone will have experience of this.

I understand we have to be married and lived together as husband and wife outside the UK for at least 4 years, which we have. Will I be asked for evidence we have lived together for this period? Ow can I prove this. We don't have photos together, what photos we do have were taken by me or my wife, so not together! All the bills are in my wifes name as it made things easier. Our business we have run together for 4 years is in here name as are the permits. We have a joint bank account, but that doesn't prove anything. So, any idea how to provide evedence in our application.

My second question is, does my wife have to specifically ASK for ILE with KOL endorsement, or given our circumstances will that just be assumed by the ECO. If she has to request this, how does she go about making this request.

Thanks

[Terpe]

As a first step take a look at the UKBA page for Unmarried or same-sex partner of a British citizen or settled person

Just follow the links and most of your questions will be answered.

Pay particular attention to the section for Documents required
The applicant must comply with this.

The detailed Immigration Rules for your case can be found here

http://www.ukba.homeoffice.gov.uk/po...amesexpartners

your case can be found here

Basically if your partner is granted a visa it will be a 27 month visa under ILE terms for KOL (Knowledge of Life in UK test) she will be able to convert to
ILR once she has passed the Life in UK Test which can be taken at anytime. So for example she could pass Life in UK test after 3 months and then apply for ILR.
So, no she does not need to specifically ask for ILE

UKBA states:-
"ILE can be granted in situations where:
the sponsor has (at the date of decision on the application) a right of abode / indefinite leave to enter and;
the couple have been living in a relationship akin to marriage for at least 4 years and have been living together outside the United Kingdom during that time and;
the applicant has demonstrated 'knowledge of language and life in the UK' (KOL)

Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, they should be granted 27 months leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain in the UK."



Here's what UKBA state about evidence of living together.
"What types of evidence might demonstrate living together and a relationship akin to marriage / civil partnership?

The applicant must provide six pieces of correspondence addressed to him / her and their partner at the same address as evidence that they have been living together during the past 2 years. The items of correspondence should be addressed to them jointly or in both their names. If they do not have enough items in their joint names, they may also provide items addressed to each of other individually if they show the same address for both of them. The documents provided must be originals and should be spread over the whole 2 years; they should also be from at least 3 different sources. Examples of what documentation the applicant could provide are listed below:
Joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, life insurance policy naming the other partner as beneficiary etc);
Birth certificates or records of any children of the relationship, showing both partners as parents;
Any official correspondence linking both partners to the same address, for example Council Tax, utility bills, Doctors records;
Any other evidence that adequately demonstrates the couple's long-term commitment to each other."

If there is none of the evidence as listed perhaps you can supply letters of confirmation from Barangay Captain, Priests Doctors etc

UKBA are pretty hot on compliance of this application as it has been abused in the past.
For this reason the "4-year rule" is likely to be dropped soon, so probably better to get the application submitted asap.

Don't forget that all the usual requirements about English Language test, Finances and accommodation etc will apply.

Anyway hope this helps and good luck

[ccw71]

Hello Terpe,

Thanks for the speed reply. I think there is a misunderstanding though. I am a British male, married to my female Filipina wife. We have been together for 7 years and will have been married for 4 years by the middle of June.

She will be applying as my spouse, not unmarried partner or same sex partner.

As we have lived here together in PH since our marriage we were hoping to avoid the need for a probationary period in the UK and the need to make an application for ILR once the probationary period is completed, by availing the 4 year married outside the UK rule (paragraph 281 (b)(I))and apply for ILE with the condition of my wife completing the KOL test at which point she will automatically be granted ILR.


Hopefully my original questions will make more sense now Sorry for the confusion and thanks for the advice