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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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I am a british citizen with a british passport born to british

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I am a british citizen with a british passport born to british parents in Aberdeen scotland. I worked abroad in Azerbaijan and married and Azeri National in July 2011. We applied for a 1 year uk visitor visa in August 2011 and moved to the UK on 5th September 2011. Our intention was to give it a try first with my new job. We decided we wanted to stay in the uk and my wife returned to Azerbaijan to apply for her Temporary residence visa in March 2012. Her visa was granted within 10 days and she returned to the uk.

My question is when will she be able to apply for indefinite leave to remain the 5th September 2013 (2 years after when she first arrived) or March 2014 (2 years after she was grated temporary residence ) ??

Regards,
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Your wife came for a short visit. She then return to her home country and applied for a spouse visa.

You want to know when she will be eligible to apply for Indefinite Leave to Remain.

Correct?

Tom
Customer: replied 1 year ago.
Yes that is correct on her visitor visa she stayed around 170 days then returned to Azerbaijan to apply for UK temporary residence
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

There isn’t really a type of leave to remain called “temporary residence”, I assume therefore that your wife applied on the basis of being the spouse of a UK national and was granted leave to remain on this basis. As here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/

On this basis I’m afraid that here period of time that she was here on a visitor’s visa will not be able to count towards the time required in order for her to apply for ILR.

As you may be aware, when your wife was originally granted her leave to remain as a spouse of a UK national the residential requirement in order to apply for ILR was two years. In July the rules got stricter for wives of UK nationals who were not in the UK and this was extended to 5 years (this will not apply to your wife though.

You will see from the following link and the first bullet point on the page that it says “you have completed a period of 5 years in the UK, with a visa or permission to remain here in this category;”:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/

Save for the 5 years requirement (it is two years for your wife) this remains the case. The important words are that she must have been in the UK “in this category”. When she was in the UK on a visitor’s visa she was not in this category and therefore the earliest she could apply would be two years after she came here after apply for her current leave to remain. This would be March 2014 according to your question post.

Sorry it could not be better news.

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Kind regards,


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