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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I am a British national got married to an indian national

Resolved Question:

Hi,

I am a British national got married to an indian national in 2011.

My wife has got 2 years UK spouse visa in April 2012.

She came to UK in May 2012.

We both came out of UK in June 2012 for job in Qatar.

Since then we are in qatar.

My wife's 2 years spouse visa will expire in July 2014 this year.

We don't have our own house in UK.

Can you please suggest how will she get permanent settlement visa staying outside UK with me.

Please suggest any alternative options such as if we have to go back and live in UK in order for her to get the visa.

best regards

Mr Das
Submitted: 3 years ago.
Category: Immigration Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a lawyer with over 15 years experience. I will try to help you with this. Were you marries in Britain and do you have any children. Do you plan to return to UK soon or are you intending to stay in Qatar.

Expert:  UKSolicitorJA replied 3 years ago.
Hello Mr. Das,

I am sorry but the news is not good.

Your wife would have qualified for indefinite leave to remain (ILR) in the UK in April 2014 had you both lived in the UK since she obtained her spouse visa in April 2012.

However, as you have both been outside the UK since June 2012, your wife will need to apply for further leave to remain in the UK or entry clearance (depending on when you both return to the UK) and under the new rules, she will need to live in the UK for 5 years (previously it was 2 years) before she will qualify for indefinite leave to remain in the UK.

She will not get ILR living outside the UK with you I am afraid.

She may apply for visit visas if she wishes to come to the UK for short visits, or if you both decide to move to the UK to settle, then she would need to apply for another spouse visa or leave to remain as a spouse, see here: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/

Hope this helps

Customer: replied 3 years ago.

Hi,


UK Immigration website does not refer about staying in UK entire period of 2 years. Staying outside UK for job purposes with the spouse will be considered with its own merit.


 


I will be making decision to take the job back in UK or staying in Qatar based on your advice based on what will be easier for her to get the settlement.



Can she take the life in UK exam, English test and apply for settlement.



Regards,


 

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid she will not qualify for settlement under the 2 years rule as normally if she is out for 6 months at a time, her continous residency is deemed to be broken and the fact that she has spent most of the 2 years out of the UK means the application is bound to fail.

However, there is nothing stopping her from taking the life in the UK exan, English test and apply for settlement. She could be very lucky and get ILR, although this is unlikely.

All the best
Customer: replied 3 years ago.
Hi,

If we come back to uk before her visa expires with the following scenario, can you suggest us what is the likelihood of getting leave to remain or settlement visa.

1. Job in UK
2. No job in UK but applying within UK

Much appreciated your suggestions.

Regards
Expert:  UKSolicitorJA replied 3 years ago.
Hello again.

In that case she should be able to obtain further leave to remain in the UK (FLR) using form FLR(M). I am afraid settlement will be out out of the question for the reasons already given.

Havng a job should help her application for FLR but if there are sufficient savings, that will also be fine if there is no job.

Hope this clarifies.
Customer: replied 3 years ago.
We are currently in qatar. I am working. She is a housewife.

We got joint account in UK .

Can she apply for FLR Based on the following circumstances;

1. if I don't have a job in UK but working in qatar. Staying in Qatar and applying from qatar

OR

2. Staying in qatar but fly to UK before the visa expiry and apply within UK

OR

3. I need to have a job and staying in UK before her visa expires

What is sufficient savings amount.

Does it need to be in UK or elsewhere.

Ideally we like to be here in qatar but need to get her visa before the current one expires.

Please suggest which way it will be much easier for us in the future.

Thanks
Expert:  UKSolicitorJA replied 3 years ago.
1. No.

2.theoretically possible;

3. yes.

For FLR, you both need to be living in the UK as it is a spouse settlement visa.

If there is no intention to live in the UK for now, she should simply apply sometime in the future (even after her current leave expires) when you both wish to live in the UK.

I trust all your answers have been given as originally asked.

All the best



Customer: replied 3 years ago.
If it is possible I prefer to have her the visa now for 5years before any law changes.
If it is the case of simply flying to UK before her visa expires and apply for FLR even though I will be working in qatar and savings in UK.

we don't have house in UK but my grandad's house where she will be staying temporarily.

Can we use the qatar residence address.

Is there any chance talk over the phone and some clarity on this.

I need to make a decision whether to get back to UK with job or continue the current work in qatar.

Please help



Expert:  UKSolicitorJA replied 3 years ago.
You need to have a UK address. We can only communicate on here I am afraid.

Noted that you wish to have the 5 years leave to remain now in which case an application should be made ASAP before her current leave expires.

Please leave feedback for the answers given.
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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