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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2214
Experience:  I am a qualified solicitor and an expert in UK law.
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I have a question which I hope you can help me with. My wife

Resolved Question:

I have a question which I hope you can help me with. My wife applied and was granted a 2 year spouse visa in December 2011 and has been in the UK since then with me (I am a British Citizen). I understand that she has to complete two years before she can apply for the IDLR/ILR. My question is that due to a lack of job opportunities in the UK, I am planning on taking a contract abroad to save up some money as we want to have children. If i am out of the country for a year or so would this affect by Wife's chances of obtaining her IDLR/ILR at the end of the two year probationary period? She has a job in the UK and we will both be receiving our joint bank statements, letters etc at the same address in the UK, as she will be staying with my Mum.

Furthermore my Mum currently receives housing benefits but is living in a Private property not owned by the council. If my wife and I are registered at this address and pay rent and council tax (thereby reducing my mums housing benefits claims) would this pose a problem for my Wife's IDLR? Me and my wife won't be claiming benefits but my Mum does as mentioned previously

I hope you can help thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

1. There are no specific requirements regarding this basis, you should ensure that whilst you have been outside of the UK you have maintained contact with your wife, so you should keep evidence of telephones, emails letters etc that you send to each other during the time you have spent apart. This is sufficient for her application for ILR.

 

2. Regarding your mother claiming benefits it would effect your wife's application as long as she is not claiming benefits on her name, or due to her your mother has to claim increased benefits.

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

Customer: replied 2 years ago.
Thank you for your quick response.

You mention that there is no specific requirements, however it does mention on the IDLR/ILR form to explain absences apart and also for a copy of my passport. So if the UKBA saw that we were apart for a considerable period and my passport had a foreign work visa, are you sure this won't cause a problem for my wife's application?


2) you mean it wouldn't right? Not would
Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

1. As long as you can show that the relationship is still subsisting then it would not effect her application. Therefore, all forms of communications will need to be documented, so keep records of emails, telephone calls, letters etc

 

2. Yes I meant would not, i apologise for the typo.

 

I hope this answers your question, if so kindly rate my answer positively.

 

Kind regards

 

UK_Lawyer, Solicitor
Satisfied Customers: 2214
Experience: I am a qualified solicitor and an expert in UK law.
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