Ilr 2 Year Qualifing Period Question

[yorkieb]

Dear Forum

I dont expect to be back with aquestion so quickly, but here goes.

My wife has just received a 2 year SV visa valid last week in March 2008 - last week in March 2010.

We have been cohabitating in the UK without a break for 16 months. Infact she has been legally recogniced as resident and domicile in the uk for the past 16 month based on the ability to process UK court proceedings. She is on all the utility bills, registered with the doctor, joint bank accounts since 2006. She has been in thailand for 1 month now sorting out SV and would like to come home after Songkran. This will mean she will miss the first 6-8 weeks of the SV. I understand to apply ILR she needs to be living in the UK for 2 years or more. However in our case when we get to 2010 she will have been here 3 years with a break of 3 months and a couple of future trips back in the next 2 years. The legally definition of being resident and domisile in the UK clearly state that you need to be here in excess of 12 month and intend to make the UK your permanent place of residency. In addition we can prove with out doubt that her permenant residence has been in the UK since 2006. (and actually going back to 2003 if you count 3 visit visa's).

When we apply ILR in 2010 will we have to bridge the gap with an extension and play twice OR will we she be considered as living in the Uk in excess of 2 years.

Thanks for any advise

Yorkie

[the scouser]

Bloody heck, mate, you don't do things by halves, do you?

The Immigration Rules state, inter alia:-

the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom

Your wife's new visa is the first she will have been issued under paras 281 to 286, so she will have to bridge the gap with an extension.

Scouse.

[yorkieb]

Bloody heck, mate, you don't do things by halves, do you?

The Immigration Rules state, inter alia:-

the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom

Your wife's new visa is the first she will have been issued under paras 281 to 286, so she will have to bridge the gap with an extension.

Scouse.

Cheers Scouse i will state saving up to pay twice, a tenner a week should do it.

Yorkie

[vinny]

Cheers Scouse i will state saving up to pay twice, a tenner a week should do it.

Don't forget that costs may go up and up!