UK Immigration Law

Have UK Immigration Law Questions? Get Answers Now.

Ask an Expert,
Get an Answer ASAP!

UK Immigration Law
This answer was rated:

FAO Tom, A couple of follow up questions regarding my wifes

FAO Tom, A couple of follow...
FAO Tom,

A couple of follow up questions regarding my wife's future ILR application
1. Residence requirement. Although my wife's first visit to the UK will be Aug 23rd, she plans to continue her job in Brussels until end of December 2012. She will be visiting me in the UK over the weekends from now to December, roughly 3 months. Starting Jan 2013 she will quit her job in Brussels and stay in the UK permanently. According to the UKBA website (copied below ***), there is no strict residence requirement for the ILR application, yet a stricter requirement for the citizenship application. In our case, do you think my wife would still qualify for ILR in 2 years time in Aug 2014?

*********************************************************
Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)
*********************************************************


2. Timing of ILR approval.
If my wife applies for ILR in Aug 2014 by post, and the ILR is granted in October 2014. (not uncommon for this to take a few weeks or even months). Would she qualify for citizenship still in Aug 2015 (3 years in total since she came to the UK) OR in October 2014 (does it have to be 1 year after ILR is granted?)

Part of the reason I'm asking this is also due to cost. ILR application by post is cheaper (£991 today) but slower, yet ILR application in the public enquiry office is more expensive (£1377 today) but if approved is granted on the same day.


Thanks!

Jake
Show More
Show Less
Ask Your Own UK Immigration Law Question
Answered in 4 minutes by:
8/21/2012
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Hi Jake,

How many days will she spend in Brussels during the period from when she first comes here to when she finished her job and moves permanently?

Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years ago

Tom,


 


Here is our travel plans until end of December:


 


She will be in UK on Aug 23 and permanently be in the UK on Dec 23 (so this is topline 4 months)


In October we will both be in Asia for 3 weeks for our wedding.


In the middle of all this she'd be in the UK for maybe 4-5 weekends.


 


 


Jake


 


 


 


 

Jake,

Sorry, I assumed you are already married because you refer to your "wife" and not "fiancee" but you refer to your weddmng in Asia. Can you clarify please? Is this a ceremonial wedding only?

Do you mind calculating the days and just giving me an approximate number of days that she will be out of the UK?

Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 5 years ago

Tom,


 


Yes, it is just a ceremonial wedding in Asia. We have had the legally binding wedding already.


 


Approximate number of days would be 110.


 


Jake

Hi Jake

Thanks for your patience and requesting me.

There is no fixed time threshold that a person should remain in the UK in order to be eligible to apply for ILR. Each case is judged on it’s facts but generally I’ve found that person who have spent more than approximately 35-45 days in any 12 month period outside the UK run in to problems.

There is a bit of flexibility in that if they are required outside the UK for a period of time because of their UK employer OR because there were exceptional compassionate circumstances that applied (eg. health of family member outside the UK) then you can get the caseworker to exercise their discretion to disregard these periods of time. However, if she is to spend that length of time out of the UK working for a job outside the UK then this time would certainly not be disregarded.

This means that when she reaches the end of her visa she will have to apply for Further Leave To Remain, rather than ILR, wait another three months of so and then apply for ILR.

Once she has ILR she can apply as soon as she hits her three year period assuming she otherwise meets the eligibility criteria. There is no requirement that a spouse of a UK national needs to have been free of immigration time restrictsion (ie. hold ILR) for a period of 12 months at the date of the application for naturalisation as you will see from the following link:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

The requirement is only that the spouse must be free of immigration time restrictions at the date the application for naturalisation is made:-

Sorry it could not be better news.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Immigration Law Specialists are ready to help you
Ask your own question now
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
7,626 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Thomas

Thomas

Solicitor

7,626 satisfied customers

BA (Hons), PgDip, Practising Solicitor

UK_Lawyer

UK_Lawyer

Solicitor

1,177 satisfied customers

I am a qualified solicitor and an expert in UK law.

INC

INC

Solicitor-Advocate

819 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Clare

Clare

Solicitor

252 satisfied customers

25 years hight street experience

A Hayat

A Hayat

Immigration Solicitor

205 satisfied customers

13 years specialist skill in UK Immigration & Nationality Law

Paul Richmond

Paul Richmond

Barrister

114 satisfied customers

LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

Awan-Legal

Awan-Legal

Solicitor

95 satisfied customers

Specialist in immigration law with the highest level of accreditation in this area and with many years experience.

< Previous | Next >

Related UK Immigration Law Questions
My insane ex is trying to make some ludicrous false claims
Hi, My insane ex is trying to make some ludicrous false claims about me, he however lives in the USA and I live in London. He can't press charges on me can he an he is in the United States? I have sai… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
My mother was born in the UK and I wish to go here to live
My mother was born in the UK and I wish to go here to live with my UK son-in-law and family. I wish to purchase property in which to live. What steps do I need to take to do this? … read more
frantzgregory
frantzgregory
603 satisfied customers
Im sorry i got disconnected i was inquiring about arrest
Hi im sorry i got disconnected i was inquiring about arrest records and UK tier 2 visas … read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
35 satisfied customers
Can you be able to make your self legal after staying in the
Can you be able to make your self legal after staying in the uk for more than twelve years?… read more
frantzgregory
frantzgregory
603 satisfied customers
I want to marry my partner and she is Lithuanian. After we
Hi, I'm English and I want to marry my partner and she is Lithuanian. After we are married for her to become British or to get a UK passport what does she need to do. There are web sites run by the go… read more
Thomas
Thomas
Solicitor
7,626 satisfied customers
When I came to the UK, I applied for a spouse visa and I
Hello, when I came to the UK, I applied for a spouse visa and I used my real name, but a different date of birth to make me look older. This is because at that time, they are only giving visa to peopl… read more
frantzgregory
frantzgregory
603 satisfied customers
My US citizen business partner would like to move to the UK
my US citizen business partner would like to move to the UK to further grow our business. Her spouse is Spanish, and her children have dual EU/US citizenship. Her husband has just moved back to the US to take a job, but she wants to live in the UK. What is the best way for us to get her a visa? … read more
Thomas
Thomas
Solicitor
7,626 satisfied customers
I'm a Canadian citizen and would like to move to work and
I'm a Canadian citizen and would like to move to work and live in UK … read more
Thomas
Thomas
Solicitor
7,626 satisfied customers
I was born French and acquired British citizenship via my
I was born French and acquired British citizenship via my British mother around 1985. I reside in France and have dual nationality. Are my French wife and children eligible to acquire British national… read more
Clare
Clare
Solicitor
Bachelor's Degree
252 satisfied customers
I would like to bring across/sponsor someone from Pakistan
I would like to bring across/sponsor someone from Pakistan to come and be a live in housekeeper for me and my familyIs this possible If it is what do we need to do… read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
I have question. I live in UK and was doing Engineering from
hello, I have question. I live in UK and was doing Engineering from University. I stopped my Studying on 8 May 2009 and Took a Gab year. I have plan to start my Studies on Sep 2010. The question is, T… read more
INC
INC
Solicitor-Advocate
Master's Degree
819 satisfied customers
I obtained ILR as an Australian citizen living in the UK in
I obtained ILR as an Australian citizen living in the UK in 1982 and have the original letter from the home office and passport stamps in my Australian passport. After living in the UK for 13 years I … read more
frantzgregory
frantzgregory
603 satisfied customers
I have lost my passport which had the ILR stamped in it.
I have lost my passport which had the ILR stamped in it. Applied to Subject Access request department but were unable to find anything. The ILR was granted around 1982-83 which is long time ago. Appli… read more
INC
INC
Solicitor-Advocate
Master's Degree
819 satisfied customers
My boyfriend lives in Tunisia and I would like to marry him
My boyfriend lives in Tunisia and I would like to marry him in Scotland how do i get him here so that we can get married … read more
frantzgregory
frantzgregory
603 satisfied customers
Re: Work visa UAE from UK. I hold a British passport (uk
Re: Work visa UAE from UK. I hold a British passport (uk citizen). I have a criminal record from two years ago, commited in the uk (common assault and criminal damage under £5,000). I got offered a jo… read more
INC
INC
Solicitor-Advocate
Master's Degree
819 satisfied customers
I am a British citizen and am getting married to a Chinese
Hello,I am a British citizen and am getting married to a Chinese national in December. She has been in the UK for over 4 years, firstly as a student, then has spent 3 years working for a Tier 2 sponso… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,820 satisfied customers
I have a British passport which I got through my mum who
Hello! I have a British passport which I got through my mum who came to the country using a high skilled migrant programme. However she is at university at the moment and therefore doesn't earn enough… read more
frantzgregory
frantzgregory
603 satisfied customers
I am a US citizen settled in the UK on the ILR, and have
I am a US citizen settled in the UK on the ILR, and have unfortunately misplaced my passport. My ILR is based on the stamp in said passport. I don't have a BRP, but at the time of my ILR application I… read more
frantzgregory
frantzgregory
603 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x