How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6392
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Good morning. My wife was granted a spouse Settlement visa

Customer Question

Good morning. My wife was granted a spouse Settlement visa marked Settlement, Spouse / CP (KOL req). She has now passed her Knowledge of life test. When we applied for the visa from the Philippines it seemed clear that if she got this test she could immediately apply for Indefinite leave to remain. However, there now seems to be some ambiguity as to whether she is still required to be present in the UK for 2 years before applying. The UKBA website contains documents which seem to imply she can apply straight away, but they also changed the wording of rule 287(a)(i)(c) to have an 'and' instead of an 'or' which seems to mean she has to wait 2 years. Can you clarify? Thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Had you cohabited for any period of time before applying for the spouse visa (settlement)?
2. From when until when is the visa valid for

Kind regards.
Tom
Customer: replied 2 years ago.
Hi. Yes, we have been married for 9 years and living together all that time, hence we were granted our visa under section 282 (c) of the immigration rules. We have had two previous visits to the UK, for 9 months and 11 months respectively.
The visa is valid from 1st July 2011 to 1st October 2013. We would like if possible to get the ILR in less than two years, since we intend to return to the Philippines, but make periodic visits back to the UK before eventually settling here for our children's education when they are a few years older.
Expert:  Thomas replied 2 years ago.
Hi,

So you had cohabited as a married couple for four years (in fact longer) immediately preceding the application for a spouse visa?

When approximately is it intended that you will return to the Phillipines and when approximately after this do you suppose you will return to settle permanently in the UK?

Kind regards,

Tom
Customer: replied 2 years ago.
We plan to return to the Philippines at the end of the current school year i.e. probably the 1st week of August 2012.
We are only thinking of permanent settlement here in maybe 9 or 10 years time, but knowing that the laws keep changing we thought that if possible getting a permanent visa status now would be better than waiting.
Thanks
Brian
Expert:  Thomas replied 2 years ago.
HI Brian,

Thanks for your reply.

Basically your wife could have received ILR upon determination of your application for a spouses visa if she had passed the KOL test because you have been married for 4 years prior to the application and had cohabited for that length of time (rule 281(i)(b)(i). Because she did not submit this she only received a spouse visa.

Under a strict construction of the wording of the above clause she could not now submit her KOL and obtain ILR because you will see that it is a effectively a requirement in the pre-amble that the applicant is seeking admission to the UK. She already has admission to the UK because she is on a spouse visa.

I cannot see that it would be hugely advantageous either, because indefinite leave to remain is there for persons who are to live permanently in the UK. If a person holding ILR moves from the UK and stays in another country permanently for considerable periods of time then the ILR is revoked/curtailed so it’s not permanent as one might think if you are not living in the UK permanently.

Even if you could apply for ILR now by submitting the KOL (which in my opinion you can’t) then after you have gone back to the Phillipines she would face awkward questions if she attempted to come to the UK for visits and the ECO saw that she has been outside the of the UK for a time much longer than one would expect of a person supposed to have settled in the UK and refused entry stating that she should apply for either a visitor’s visa OR a returning residents visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/

In my view it would be best for her to remain on her current visa. Return to the Phillipines, update the UKBA of the change in circumstances, then apply periodically for visitor’s visas as required. Upon an application to return here permanently apply for settlement but enclose the KOL which she has passed closer the time and receive ILR upon your return when you are to permanently settle-
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you, XXXXX XXXXX've probably just saved us £972 applying for ILR.
Expert:  Thomas replied 2 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience