Eligibility for ILR
 

Hi There,

I am trying to understand if my non-EEA spouse would be eligible for ILR.
We are currently in the UK, been back for 7 months now. She has a spousal visa valid until 2014.

We have been married since Nov 2007, we were married in the UK after which she was granted a spousal visa. In Sept 2008 we returned to South Africa until Jan 2012. By my calculation that leaves us about 8 months shy of the 4 year requirement for having lived outside of the UK.
My wife has provided proof of english language using her University degree when she was issued her visa to come to the UK this year.

Can we apply for ILR now or does she need to wait until her current visa expires?

Any info is appreciated.

Re: Eligibility for ILR
 

Have you looked at the UKBA guidelines for ILR?

http://www.ukba.homeoffice.gov.uk/vi...ormset%28m%29/

Re: Eligibility for ILR
 

The 4 year married & living outside the UK requirement under the old rules was based on when the settlement visa was applied for outside the UK. From what you've said, you were living outside the UK for about 3 years at time of application for the current visa. Therefore the old 4 year requirement is irrelevant to your wife.

She can apply for ILR from 28 days before the 2 year anniversary of arriving in the UK on the current visa, which would be approx Dec 2013 or Jan 2014 depending on when exactly the arrival date in January was.

Re: Eligibility for ILR
 

WEBlue and roaringmouse thanks for the info.
The four year rule and the fact that the missus is on her second visa here confused me slightly. We'll wait until the end of Jan 2014 to apply as we arrived towards the end of Jan this year.