British citizen living abroad? Non-EEA spouse? This may affect you!
#1246
Back from India
Joined: Jun 2006
Location: UK
Posts: 793
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I disagree - the Immigration Directorate Instructions (page 7) only says that such applicants do not need to complete two years probationary leave before applying for indefinite leave. It does not say that any other requirements are waived.
I do not read this as saying that hey have to meet all the the requirement except the 2 years. To get ILE KOL they met all the financial and the only reason they did not get ILE on its own was due to not having passed KOL.
Where an applicant has satisfied all of the requirements for Indefinite Leave to Enter (ILE), except the KOL requirement, they should be granted 27 months Leave to Enter (LTE). During this time they can, at any point, satisfy the KOL requirement in the UK and apply for Indefinite Leave to Remain (ILR). UKBA
Perhaps someone who has done it can clarify what they did.
#1247
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Although the rules do not indicate any waiver of other requirements, in practice it is most likely a fairly straightforward process - especially if the application is made not too long after the previous one.
However saying all that, this route doesn't have long to run left so there isn't much point in pushing the discussion any further. As a pointless sidepoint, although the visa is KOL Req, it is not ILE KOL Req. A person with KOL Req does not hold ILE (indefinite leave) - they have temporary leave for 27 months, during which they can apply for indefinite leave early.
However saying all that, this route doesn't have long to run left so there isn't much point in pushing the discussion any further. As a pointless sidepoint, although the visa is KOL Req, it is not ILE KOL Req. A person with KOL Req does not hold ILE (indefinite leave) - they have temporary leave for 27 months, during which they can apply for indefinite leave early.
Last edited by roaringmouse; Jun 17th 2013 at 11:04 pm.
#1248
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Little article on the BBC news page highlighting the 'Surinder Singh' route...
http://www.bbc.co.uk/news/uk-23029195
http://www.bbc.co.uk/news/uk-23029195
#1249
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Little article on the BBC news page highlighting the 'Surinder Singh' route...
http://www.bbc.co.uk/news/uk-23029195
http://www.bbc.co.uk/news/uk-23029195
Anyway, I suppose the SS route was bound to attract more and more attention. I hope that doesn't make it harder for those already engaged in the process.
#1250
Just Joined
Joined: Jun 2013
Location: Uk origin, but working in West Africa (currently Mali)
Posts: 5
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
So I am a british passport holder (UK born and bred), but currently working in West Africa. Am in love and married to a Guinean who is going to have my child in the new year. Reading all this depresses me. I have a house still in the UK (still paying the mortgage). Was hoping to be able to split my life between UK, Guinea and work (currently in Mali), but realise this is not going to be possible. Financial demands, language demands (she speaks french and only very little english) makes me realise that my dream is a very distant one even though I clear 5000gbp per month paid into a uk bank account. Appears system is there to prevent any immigration, regardless of whether it is considered appropriate or not. Looks like I'm gonna have to become an exile and settle for a beach side house in somewhere like Sierra Leone for the time being. My wife just does not understand, particularly as to formwe to enter Guinea, I pay for visa and enter (simple)
#1251
Just Joined
Joined: Jun 2013
Posts: 23
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Hi guys, I spent three solid days researching Surinder Singh - mainly using these forums and other ones too, people are extremely helpful. I have compiled all the useful answers I found here:
http://robynthegraduate.wordpress.com/ss/
Hopefully might save some people time if they're looking for specific answers? I only accept responsibility for putting it all together, the answers were from clever, helpful people all around these forums.
http://robynthegraduate.wordpress.com/ss/
Hopefully might save some people time if they're looking for specific answers? I only accept responsibility for putting it all together, the answers were from clever, helpful people all around these forums.
#1252
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Hi guys, I spent three solid days researching Surinder Singh - mainly using these forums and other ones too, people are extremely helpful. I have compiled all the useful answers I found here:
http://robynthegraduate.wordpress.com/ss/
Hopefully might save some people time if they're looking for specific answers? I only accept responsibility for putting it all together, the answers were from clever, helpful people all around these forums.
http://robynthegraduate.wordpress.com/ss/
Hopefully might save some people time if they're looking for specific answers? I only accept responsibility for putting it all together, the answers were from clever, helpful people all around these forums.
#1253
Just Joined
Joined: Jun 2013
Posts: 23
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
#1254
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
#1255
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
#1256
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
http://www.bbc.co.uk/news/uk-politics-23182670
and here:
https://www.gov.uk/government/news/n...lies-announced
The new rules will mean that all non-EEA dependants of members of the Armed Forces between the ages of 18 and 65 will need to meet requirements on knowledge of language and Life in the UK before they can settle in the UK, and their sponsor will need to meet the minimum income threshold.
and here:
https://www.gov.uk/government/news/n...lies-announced
The new rules will mean that all non-EEA dependants of members of the Armed Forces between the ages of 18 and 65 will need to meet requirements on knowledge of language and Life in the UK before they can settle in the UK, and their sponsor will need to meet the minimum income threshold.
#1257
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
http://www.bbc.co.uk/news/uk-politics-23182670
and here:
https://www.gov.uk/government/news/n...lies-announced
The new rules will mean that all non-EEA dependants of members of the Armed Forces between the ages of 18 and 65 will need to meet requirements on knowledge of language and Life in the UK before they can settle in the UK, and their sponsor will need to meet the minimum income threshold.
and here:
https://www.gov.uk/government/news/n...lies-announced
The new rules will mean that all non-EEA dependants of members of the Armed Forces between the ages of 18 and 65 will need to meet requirements on knowledge of language and Life in the UK before they can settle in the UK, and their sponsor will need to meet the minimum income threshold.
#1258
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Here's what is being talked about. Nothing in there about "full cost recovery".
http://www.bbc.co.uk/news/health-23156403
http://www.bbc.co.uk/news/health-23156403
#1259
Forum Regular
Joined: May 2007
Location: Boro boy in Woodstock, GA
Posts: 39
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
http://www.freemovement.org.uk/2013/...d-unjustified/
A great summary of the recent judgement which while not striking down the rules, also leaves open the door for significant changes including reducing the minimum amount, allowing 3rd party sponsorship and also taking into account the sponsored parties circumstances and assets.
A great summary of the recent judgement which while not striking down the rules, also leaves open the door for significant changes including reducing the minimum amount, allowing 3rd party sponsorship and also taking into account the sponsored parties circumstances and assets.
#1260
Forum Regular
Joined: Oct 2005
Posts: 151
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Just to confirm if you have KOL required and pass the Life in the UK test, do you complete the SET (M) in exactly the same way as someone who doesn't have KOL required? Has the SET(M) been updated recently. My husband has his test next week so we will be applying as soon as we can if he passes - fingers crosse!
Thanks
Thanks