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Senior Partner
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Category: UK Immigration Law
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My father who has been working in Pakistan for the last 13

Customer Question

My father who has been working in Pakistan for the last 13 years wants to join his wife (my mother) in the UK. My mother is a UK national and my father is a Pakistani national. Whilst they have not been living together this whole period, they have spent a lot of time together. He comes to see my mother a couple of times a year on Visit visa and my mother goes over to Pakistan a couple of times a year.
In order to gain residency in the UK, does he need to apply as a spouse of a person settled in the UK, in which case he will initially get a 2 year leave to enter the UK as spouse and then apply for indefinite leave after 2 years? Or can he apply for Indefinite Leave to apply from Pakistan at the outset on the basis that they have been married for 31 years and have 4 children together (all above the age of 18)? Can he apply for ILR even though they have not spent all of the last 4 years living together? If he can do this, which form does he fill in? SET M or SET O?
Thanks
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
Hi thanks for your question. your father will have to apply for a normal spouse visa and then apply for settlement after 2 year. To get immediate settlement your parents need to have been living together for the previous 4 years. Clearly they have not been.

So they need to meet the normal requirements


Senior Partner, Solicitor
Satisfied Customers: 13276
Experience: Solicitor
Senior Partner and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for your answer. I was told that the determining factor is the length of marriage and there is some discretion around the time they had spent together, i.e. if they had not spent all last 4 years together, it may be over looked? Is this not correct?
As there is a requirement to pass an English language test to apply for a spouse visa, can my father demonstrate his English ability by passing the Life in the Life in the UK Test as he is visiting UK currently.
Expert:  Senior Partner replied 3 years ago.
There is always a discretion and they may well exercise it in view of the length of the marriage but it is not guaranteed.

There is a requirement ot pass the english test unless your father is exempt as being over 65. If he is an english speaker then then can pass the Life in the UK test as evidence which he would need to do anyway if he later wants to apply for citizenship.
Senior Partner, Solicitor
Satisfied Customers: 13276
Experience: Solicitor
Senior Partner and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks.
But can the Life in the UK Test a substitute for the English Test (EILS,etc)?
Expert:  Senior Partner replied 3 years ago.
according to the rules it seems not in the sense that to get settlement he has to get the Knowledge of like th eUK test and it seems that if he were here then that would be sufficient but to get a visa in the first place he needs to get an ESOL test unless he has a degree taught in the UK.

So it is probably worth his while sitting the test anyway as he will need it to get settlement but the rules do not seem to allow substituting this for an ESOL test or equivalent
Senior Partner, Solicitor
Satisfied Customers: 13276
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Senior Partner and 3 other UK Immigration Law Specialists are ready to help you

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