British born sponsor won't presence In UK at the time of my ILR spouse visa subm
 

Hi all,

I hope you are all well. I am planning to submit my ILR spouse visa application this coming October. We are residing all time in UK together since past 4 years However, the problem is that my wife has received a job offer overseas, which she has already accepted. She will leave the country on august 25 so it's 3 months before I submit my ILR application.

I have all the necessary documents ready (bills, joint bills, etc.), and I will be relying on my own income for financial support. I’m not sure if I am still eligible to apply since my British spouse will not be physically present in the UK
as follow of this rule

R-ILRP.1.1. The requirements to be met for indefinite leave to remain as a partner are that:

(a) the applicant and their partner must be in the UK.


anyone have experienced .and what is the possible outcome come please

Thank you.

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

Are you intending to join your partner when you have your ILR? ie your marriage will continue?

If joining partner for how long will you be living abroad?

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

we still in married and with 2 kids , i may have to join them later once i got ILR possibility apply for citizenship , I’m not sure whether the Home Office will routinely check, on the day of my application submission (October 17), if both my spouse and I are in the UK, especially since she will be leaving the UK 80 days before that. I know this situation seems complicated, but she needs this job, and I don’t want to lose this opportunity to have ILR since I’ve already lived in the UK for five years. (My spouse and I have always been in the UK and have never left the country for more than 90 days in the past five years. I haven’t been out of the country for the past year.) Our kids are British citizens (dual nationality), and they will be going with her to oversea for her job I’m not sure if I should proceed with the application because I’m uncertain whether my wife and kids will to return to the UK in the future and if I don’t have ILR. I don’t want to be separated from my kids and only see them and only have to apply for a visitor visa. I plan to use the super priority service, but I’m still not sure about it Thanks.

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

The Home Office does not routinely check the whereabouts of family members upon submission of application.

Your situation is in a gray area - wife and kids gone abroad for wife's job, but you do not say if you are contemplating separation/divorce only that you are still currently married. Whether you are eligible for ILR R-ILRP.1.1 is up for debate
I don't see that you have much choice, in that, if you don't go for ILR, you will be out of status with no visa and expected to leave the UK.
Of course, one should not lie on an immigration application. (thinking as to what you put for where wife lives)
Note: ILR will lapse after 2 years if you leave to join your wife where she now lives, so naturalisation is encouraged.

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

Thank you for your reply. Of course, I will not directly lie to the Home Office, but I plan not to mention the new job. Instead, I will write a letter explaining that my wife has resigned from her job and is looking for a new one for personal reasons. This application will rely on my income (which makes me doubt the Home Office might wonder why it's based on my income instead of my sponsor's, as in the previous application).

My wife still has an address in the UK (our house), and we will continue to pay the mortgage. The house is in her name, and we have joint bills spanning the last 2.5 years (including council tax bills over two years, energy bills, and all other bills sent to the same address) as evidence of our relationship. I will also provide family photos from the past 2.5 years, along with all the other mandatory documents.

I know this situation seems complicated and falls into a grey area, as you mentioned, i agreed that i not have much choices ,but I want to check all possible options before I give up. I don't want to find myself in a situation where, in the future, we have to move back to the UK, and I would be the only one without nationality. It would be difficult for me to return to see my kids. I agree that ILR is the most important step, and then I will pursue naturalisation, but I also know it will be harder without the ILR. I really appreciate your reply and advice. Thank you!

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

Sorry, but that is directly lying to the HO. You’re planning on saying she is looking for a new job, when she already has one. Plus she won’t be resident at the UK address, you must put her current address i.e. where she’ll be living abroad. She won’t be on your council tax bill if she doesn’t live there any longer. She’ll also have informed HMRC of the date she left the UK.

Just be completely honest on the application and see what happens. Far better to do that than risk your status being revoked (or worse) down the line if caught lying.

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

hi Thank for reply , that is make sense , thank for advise i will see how what i will do or maybe just give it up and will see what i can do in future

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

She could easily move out of home and still be on the council tax bill, and you don't have to inform HMRC when you leave the UK.
Since the OP is applying using his own income, there is little risk in doing what he is contemplating - unfortunately.

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

You can't get naturalisation without ILR........

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

sorry guys i think just make some topic for us to discuss something in the grey area , but thank for all reply , i will see how what i will do or maybe just give it up and will see what i can do in future , just want maybe hear from some one that have similar situation for the outcome

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

She could, but the council is supposed to be informed if the number of adult’s in the household changes. I had to update ours when our daughter turned 18. No idea which council the OP is with but here’s the info from my Mum’s local one - https://www.somerset.gov.uk/council-...r-council-tax/

Regardless, it’s a blatant lie to say she’s job hunting when she’s got a job elsewhere already, or to say she’s residing at the UK address when she isn’t.

Re: British born sponsor won't presence In UK at the time of my ILR spouse visa
 

Just apply honestly, and it may not be an issue.

Good luck.