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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11802
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I an British and my filipino wife is currently on a FLR visa

Resolved Question:

I an British and my filipino wife is currently on a FLR visa which expires in 9/2012. Whilst it was or intention to apply for SET visa for indefinite leave to remain in the UK, due to the fact I am being made redundant I may need to work abroad due to the unfortunate employment situation at present. This I recognise will invalidate the FLR once absent for a reasonable period from the UK.

My question is, how much time do we need to live together whilst abroad to enable settling back in the UK in the future. My wife and I will have been together for nearly 2 years at the point we may move abroad in Q2 2012 so this will contribute in anyway to the 4 years cohabitation requirement.
Given my employment situation is there any chance they lmay ook upon our situation favoruably, should I write to them once we know our options and explain to them?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.



This is a difficult question due to the uncertainty of your employment.


However, I am of the opinion that if you remain outside of the UK for a period of two years, taking the total years you have been married to 4 years or more, when you wish to return to the UK, you should be entitled to apply for Indefinite Leave to remain for your wife.


In any event, you will have the opportunity to provide details in your application and I would suggest that you request the UKBA to exercise discretion in your case.


In any event, you would have a string case for Article 8 Rights and your wife would be granted some form or leave or another to enter the UK.



If you wish to discuss, please feel free to ask further questions.


Kind regards,

Customer: replied 5 years ago.
Thanks, XXXXX XXXXX clarify what specifically you mean by a strong case for article 8?
Expert:  INC replied 5 years ago.



Article 8 of the Human Rights Act suggests that a person has the right to a private and family life without interference from the state or any state authorities.


The fact that you would have been married for a considerable time and that your marriage is still subsisting at the time of the application, will provide a strong case for your wife to be granted some form of leave to remain.



If you wish to discuss, please feel free to ask further questions.


Kind regards,

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