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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6315
Experience:  BA (Hons), PgDip, Practising Solicitor
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Thank you for your reply. Follow up my previous question,

Resolved Question:

Thank you for your reply.

Follow up my previous question, I provide more details of my background.

I have been legally resident in the UK for over 10 years, initially on a student visa and then subsequently through temporary leave to stay through being the spouse of a UK citizen. I have been married for a little over 2 years and have an 18 month old baby who was born in the UK. I am currently unemployed (a house wife) and have been advised that I can apply for ILR either using form SET(M) (Spouse or Civil partner present and settled in the UK) or SET(O) (Long Residence in the UK).

Which of these two forms is, in your opinion, most likely to result in a successful application for ILR?

Please be notice that we may have resource to public funds, i.e. my husband received Child benifit, Child Tax Credit and renting house from local council.

Best regards
Lisa
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Lisa


Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Can you confirm that your switch from a student visa to further leave to remain as the spouse of a UK national
2. Please state how long the further leave to remain granted to you as a spouse was
3. Please confirm how long you have been in a relationship with your husband? I note you have been married for two years.

Kind regards.
Tom
Customer: replied 2 years ago.

Hi Tom,

 

1. I can confirm that I have been leglly leave to remain in the UK since December 2001 as a student and never against the UK laws and rules. Until October 2009 I got marriage, I still hold a vaild student visa until next Februray at that time. Then I applied spouse visa afterwards.

 

2. I was granted 2 years spouse Leave to Remain visa from February 2010 to February 2012.

 

3. I met my husband in February 2009. After 6 month, we decided to get marriage. Then I moved to his apartment and start to prepare wedding procedure. In October 2009, we held a wedding in local Registration Office.

 

Since we have a little baby, we are in tight budget. My husband applied Child benift and Child Tax Credit which we received monthly. He also rent a house from local council under his name therefore we can pay a lower rent in order to minimize expense.

 

Now I'm facing the problem to apply the Indefinite leave to remain. Hope I can get your helpful advise.

 

Best regards

Lisa

Expert:  Thomas replied 2 years ago.
Hi Lisa

Thanks for your reply.

You will see that from the following page that the criteria for apply for settlement as the spouse of a UK national is that you must have spent two years in the category of leave to remain as a spouse of a UK national:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/

Therefore if you received your leave to remain in February 2010 you will be eligible to apply in February of this year. If you apply before then then your application will be rejected.

You have correctly identified the forms required for each type of application. I would suggest that the evidential burden on a an application as the spouse of a UK national is less than the application based upon long residence rules and I would make an application as the spouse using the form you have identified.

The public funds part of the eligibility criteria is take to mean that no additional funds should have been claimed as a result of you being here. So, the child benefits and tax credits will be okay provided it is confirmed by you both and accepted that the child would be living with his father. The council house is a little more problematic in that the UKBA may (may) seek to claim that this would not have been required had you not been there but I would think that you would be successful in arguing that no further space is require simply because you are there because you stay in the same room as your husband. That the house is in your husband’s name is XXXXX XXXXX in this regard.

You will in any event be able to argue your article 8 rights of family and private life against most objections raise by the UKBA. You should be fine.
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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6315
Experience: BA (Hons), PgDip, Practising Solicitor
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