Kiwikaye

Hi all,

I hope this is the right section to post this.

Basically a relative is a UKC, married to a Philippine national. They were married in 2007 and she moved to the UK in 2008. She does not yet have UK citizenship. The UKC has now applied for a job in Oz.

I'm trying to work out for him whether his moving to Oz for a few months and earning money here, rather than in the UK will affect his OHs entitlement to UK citizenship and/or current leave to remain status. The only information I have at the moment is that her leave to remain will not be "done" until July next year.

I know about the current spouse visa requirements but very little about the previous rules.

Can someone perhaps give me a "for dummies" rundown on the requirements in place in 2007/08 and whether the UKC moving overseas for a period of time will affect anything.

Feel free to point out any other info needed, and I will try to oblige.

Thanks in advance.

BritInParis

Seems an awful long time to be on a spouse visa. She should've been eligible for Indefinite Leave to Remain and then citizenship in 2011. Could you confirm exactly what her current immigration status is?

Kiwikaye

Hi BiP, thanks for the reply. That was my thinking too, but the only info I have at the moment is that "it got complicated" and she has a "residents visa" that expires in August next year. None of that sounds right to me, so will try and get some more info.

Kiwikaye

OK - more info. It seems that the non-EU spouse hadn't passed her 'Life in the UK' test before her initial spouses visa ran out. So she was removed from the normal system. (Given discretionary leave) for 3 years. She passed the required tests, including ESOL, within 2 years, but couldn't apply for a residents permit until the discretionary visa ran out. So in 2014 she was awarded a residents permit which runs out in August '17. That's when she can apply for indefinite and a British passport.

Given all of that, can someone advise whether the UKC working outside the UK for a few months in the lead up to that August 2017 deadline will have a negative impact? As (I assume) they fall under the old rules and not the current ones - what financial or other requirements will they need to meet at the time of ILR?

I have Googled, but all of the links I found seem to refer to discretionary visas on the grounds of asylum, which doesn't seem to apply to this case.

Thanks for all your help.

BritInParis

Was it definitely discretionary leave to remain that she was given? Also a 'resident's permit' is unlikely to be the correct terminology. Unless your friend can give you the precise information it's difficult to advise further.

Kiwikaye

Hi, thanks for the reply. I know its difficult when its third-hand info. I am trying to convince the relly to sign on here so he can ask his own questions.

Discretionary leave is definitely the term used and I agree that resident's permit doesn't sound right - I would have thought that, once she passed the Life in UK and language tests, that she would be on Further Leave to Remain, particularly if next year is when she can apply for ILR and then naturalisation, but that is based on my knowledge of the current rules and I am not sure how much they differ, as far as the stages go, from the old rules.

The main concern at the moment is whether if he gets offered the job in Oz and moves alone for a while, leaving the family back in the UK, this will affect her ability to successfully apply for ILR next year. At this stage the job has been applied for, and a Skype interview held and 457 sponsorship is on offer. If the job is offered we're just trying to ensure that he doesn't end up doing something irrevocable.

I will in the meantime try to find out some more info.

Thanks for the help BritinParis