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British citizen living abroad? Non-EEA spouse? This may affect you!

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British citizen living abroad? Non-EEA spouse? This may affect you!

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Old May 9th 2013 | 7:30 am
  #1231  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by larrabee
Retirees are actually in a slightly better position than many, as the pension, which can be either foreign or UK, of both the sponsor and the applicant can be taken into consideration when assessing the financial requirement.
Yes, thank goodness for that.
 
Old May 9th 2013 | 7:35 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rebeccajo
Yes that is the purported goal.

But they can't make up reasons to turn someone down if the case fits the rules.
Absolutely!
That's why I was wondering if the case in point, ie a sponsor in a genuine relationship but employed otherwise than physically in the UK, was actually documented in the rules anywhere. If not, then surely the decision becomes discretionary on the part of the ECO. And to take that ball and run with it, if the goal is to reduce immigration then the refusal would surely be more likely than not?

Last edited by larrabee; May 9th 2013 at 7:37 am.
 
Old May 9th 2013 | 7:58 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by larrabee
Absolutely!
That's why I was wondering if the case in point, ie a sponsor in a genuine relationship but employed otherwise than physically in the UK, was actually documented in the rules anywhere. If not, then surely the decision becomes discretionary on the part of the ECO. And to take that ball and run with it, if the goal is to reduce immigration then the refusal would surely be more likely than not?
I tend to think not.

I really think the only thing they (UKBA) care about is the money.

If the applicant can show the money or savings, then the case will be approved.
 
Old May 9th 2013 | 8:07 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by larrabee
Retirees are actually in a slightly better position than many, as the pension, which can be either foreign or UK, of both the sponsor and the applicant can be taken into consideration when assessing the financial requirement.
True - as long as you are receiving the full amount - hubby is, me not
I suppose though, under the circumstances, you would need half the amount needed. We just about come up with enough.
Whole thing is ridiculous having to keep it all in the bank for 5 years or whatever. Could be dead by then.
That is alright if you are younger, but age does need to be taken into consideration I think as far as the bank thing.
 
Old May 9th 2013 | 8:11 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by gailc
True - as long as you are receiving the full amount - hubby is, me not
I suppose though, under the circumstances, you would need half the amount needed. We just about come up with enough.
Whole thing is ridiculous having to keep it all in the bank for 5 years or whatever. Could be dead by then.
That is alright if you are younger, but age does need to be taken into consideration I think as far as the bank thing.
No, just 6 months! You still need the whole amount though, but both of your pensions qualify, not just that of the sponsor.
 
Old May 9th 2013 | 8:12 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by rebeccajo
I tend to think not.

I really think the only thing they (UKBA) care about is the money.

If the applicant can show the money or savings, then the case will be approved.
An interesting perspective but not one that I share.
I believe that all of the requirements are taken into consideration when a decision is made. For example, in this thread, http://britishexpats.com/forum/showthread.php?t=792478
there was no mention of not meeting the financial requirements in the notice of refusal.
 
Old May 9th 2013 | 9:38 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by larrabee
No, just 6 months! You still need the whole amount though, but both of your pensions qualify, not just that of the sponsor.
After 6 months you can use the money - thought it was 5 years or something - then you can use half of it.
Yes, I know both pensions qualify towards the whole amount
 
Old May 9th 2013 | 10:39 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by gailc
After 6 months you can use the money - thought it was 5 years or something - then you can use half of it.
Yes, I know both pensions qualify towards the whole amount
I'm sorry, I misunderstood you.
I was referring to the fact that you have to have held the money in your control for the 6 months prior to the initial visa application (this is true also for the 6 months prior to the application for the subsequent 2 visas.)

The exact requirements at the initial entry clearance, FLR and ILR stages can be found here on page 37.

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
 
Old May 9th 2013 | 11:41 am
  #1239  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by gailc
After 6 months you can use the money - thought it was 5 years or something - then you can use half of it.
Yes, I know both pensions qualify towards the whole amount
Gail, you have to keep the full amount for 2.5 years to show for the 2nd application. Then you only need 1/2 of it, which you must then have for the 3rd, and final, application.

Last edited by Perth; May 9th 2013 at 11:53 am.
 
Old May 9th 2013 | 1:06 pm
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by larrabee
An interesting perspective but not one that I share.
I believe that all of the requirements are taken into consideration when a decision is made. For example, in this thread, http://britishexpats.com/forum/showthread.php?t=792478
there was no mention of not meeting the financial requirements in the notice of refusal.
But we don't know how well the application was put together, do we?

It's pretty clear that the OP in that thread didn't document their return well.

My contention is that, all other things meeting the Home Office criteria, the British citizen should be able to work a "different" kind of job and still qualify as sponsor.

They've tried to pigeon hole people and it just doesn't work. They've already made a tiny relaxation in the savings requirements (ie 6 months verifiable proof of liquid cash). And they did that because certifiably wealthy people were getting denied. The same will apply to employment. Not everyone works 9 to 5 and goes home at the end of the day.

What is the difference between seaman who works 3 weeks on and 3 weeks off, and someone who works outside the country? Because he's working in UK waters? But the rules don't stipulate that employment has to be in the UK - and that is what idollard was trying to tell everyone. The rules says the employment must be lawful - that's really all it says.
 
Old May 10th 2013 | 10:18 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by larrabee
I'm sorry, I misunderstood you.
I was referring to the fact that you have to have held the money in your control for the 6 months prior to the initial visa application (this is true also for the 6 months prior to the application for the subsequent 2 visas.)

The exact requirements at the initial entry clearance, FLR and ILR stages can be found here on page 37.

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
Thanks for the link
 
Old Jun 1st 2013 | 3:01 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Hi all looking for some clarification here, me UkUs citizen, wife of 25 years US citizen, we got spouse visa before new rules and visa is ILE with KOL req
Been back since August 2012
Couple of questions
Planning to take Life in Uk test soon,can we apply for ILR before ILE expires as we have KOL req?
If so which form (SET M)?
Also have had hard time finding full time work since back is that going to cause a problem?
Lastly,does the time her on ILE count toward UK citizenship?
Thanks in advance

Garth
 
Old Jun 1st 2013 | 4:15 am
  #1243  
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by garfro
Planning to take Life in Uk test soon,can we apply for ILR before ILE expires as we have KOL req?
Your wife can apply for Indefinite Leave as soon as she has a pass certificate from the Life in the UK test. She has been studying the 3rd edition of the book that was released this year?
Originally Posted by garfro
If so which form (SET M)?
Yes.
Originally Posted by garfro
Also have had hard time finding full time work since back is that going to cause a problem?
Depends on your situation e.g. income, savings, housing costs etc. It's unlikely to be an instant fail by itself and the financial requirements under the old rules (which apply in the case of your wife) are less rigid than for the current rules.
Originally Posted by garfro
Lastly,does the time her on ILE count toward UK citizenship?
This may seem like semantics, but she doesn't actually have ILE at the moment. This term has been used quite a bit with the KOL Req endorsement, however it is still a temporary visa that allows for ILR to be obtained sooner. ILE (Indefinite Leave to Enter) is effectively the same as ILR (Indefinite Leave to Remain), except it was applied for outside the UK.

That aside, yes her time since August will count towards citizenship - meaning under current rules that your wife could apply in August 2015 depending on all criteria like time outside the UK etc. Same time as my wife actually, although she did get ILE before we entered as she had passed the test the last time we lived in the UK, in 2007.
 
Old Jun 16th 2013 | 10:38 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by roaringmouse
.Depends on your situation e.g. income, savings, housing costs etc. It's unlikely to be an instant fail by itself and the financial requirements under the old rules (which apply in the case of your wife) are less rigid than for the current rules..
As the only requirement is to pass Life in UK there is no income requirement
 
Old Jun 16th 2013 | 11:21 am
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Default Re: British citizen living abroad? Non-EEA spouse? This may affect you!

Originally Posted by pennylessinindia
As the only requirement is to pass Life in UK there is no income requirement
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.
 


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