AudsFrmSA

Just been reading somewhere else on the internet that if I (British Citizen living in South Africa) have been married to my husband (South African Citizen) for more than 4years (which we have) then instead of applying for the Settlement (Spouse) Visa, we could apply for the ILR - is this true? This seems to be valid for longer than the Settlement Visa and I'm wondering what would be the best option Settlement Visa or ILR and why? Hoping someone can answer my questions. Thanks

still.unsure

i think, if you're married for more than 2x years, the settlement visa should be as good as an ILR. (if you're married less than 2x years, the settlement visa is only good for 2x years, then afterwards, you renew and it's as good as an ILR). (I think it's a SET(M) visa...)

JAJ

ILR is much better but he would need to do the Life in the UK Test (in the U.K.) before being eligible for it.

AudsFrmSA

Oh I see, (I'm thinking aloud here) well that would be tricky, because we are hoping to leave SA in December for good, and if hubby took the 'Life in the UK Test' when arriving in Scotland (presuming he could take it straight away) but didn't 'pass' it would mean he'd have to probably leave Scotland, and that would be no good.....so maybe, it's better to just go ahead with the Settlement (spouse) visa then. Anyone agree???

JAJ

You may want to ask specifically on a U.K. specific immigration forum but as far as I can see the way it would work would be to to the U.K. on vacation and take the Life in the UK Test there. Then return to South Africa to apply for the spouse ILE visa. I'm not sure how feasible this would be in practice

Maybe ask at http://www.immigrationboards.com

Otherwise he goes to the U.K. on a spouse visa and then takes the test after arriving. When he then goes to apply for Indefinite Leave to Remain (ILR) after 2 years, the test result will be required then.

Failing the test does not cause one having to leave the U.K. ... in the worst case, he would have to apply for Further Leave to Remain after 2 years, rather than ILR, and then apply for ILR later on after test is passed.

AudsFrmSA

Thanks JAJ, will have a look at the immigration boards.

Dave_Was

Could you expand on the married more than two years and the settlement visa part?

In 5 months my wife and I will be married for two years. We 'may' be moving back to the UK after that time and it would be interesting to understand if there are some different rules.

I always understood it as either spousal visa and then apply for ILR after two years of being in the UK or ILR if you had been married for 4 years.

I would be greatful for any info.

JAJ

Post #2 is wrong information.

Dave_Was

Thanks JAJ.

JAJ

There are a number of inaccuracies here:

- people married more than 2 years do not get immediate ILR;
- while it is possible to get ILR after 2 years in the U.K. on a spouse visa, it is not automatic and some people have to extend their spouse visa if they do not meet the requirements.

TrickyTree

Hi JAJ, what would be the main reasons to stop a spouse visa getting ILR after 2 years? I hope this question aint to broad?

We are looking at heading back next year I will have been married to my wife 2.5 years so was planning:-

1) spouse visa
2) 2 years later ILR
3) 3 years in total (including the 2 on spouse and 1 on ILR) = citizenship

In an ideal world are the time frames correct?

Cheers mate

Dave_Was

Hello TrickyTree,

I would definitely wait for Jaj's expertise on this. Those timelines do look correct to me. One of the things that I have been told to be careful of, is to try and make sure that your entry into the UK on a spousal visa is very close to the date that you have on the visa. As it's only valid for two years and the time to wait to apply for the ILR has to be two years you wouldn't want to have to get some sort of visa to bridge the gap.

For my wife and I, we are 'thinking' of going back in a couple of years. Probably somewhere around 2010. This would bring us close to having being married for four years then and I need to understand what the advantages are to the ILR and the requirements for it when applying from abroad.

Good luck.

petally

This is a bit late but we are going through this now.

If you can swing it, your best bet is ILE (same as ILR) since it would save you £750 and hassle when in the UK. However, in addition to the 4+ year requirement, your husband needs to take the Life in the UK test.

For us, it worked out cheaper for my husband to fly to the UK to take the test, plus all the benefits of a pre-relocation visit, and then we are going to apply for the spouse visa and ask for ILE since we meet all the requirements.

I read on another forum of a couple of long-term couples where this worked. Just an idea. Otherwise, ask in your cover letter to be able to apply for ILR without the 2 year wait period. That way, you can apply whenever you want and won't have to go through all the hassle of proving the marriage is geuine etc etc.

JoolsB

Hi JAJ.

Sorry to break in here with a cheeky question but do you have any idea if it's possible to get my UK ILR which I've had since I was 3 (I am now 34) renewed from overseas? I understand it will lose its validity if I stay in Australia longer than 2 years.

I rang the Canberra UK consulate but the girl was a bit flummoxed and keep putting me on hold. In the end she said that she wasn't sure but didn't think I could get it renewed in Australia or by going for a holiday to the UK but only if I went back to live in the UK permanently before the 2 years is up.

Not sure who to ask since Canberra weren't much help and I dont want to be turned away at the airport if I try to go back.

Thx

JAJ

Look at the information for returning residents at http://www.ukvisas.gov.uk