Meaning Of "person Present And Settled In The Uk"

[Eddie555]

The TGF came over in March 2007 on a 2 year unmarried partner visa which we now want to convert into ILR.

Everything seems to be in order for the ILR application, I own the apartment in which we live, we have plenty of documention in out joint names, council tax statements, bank accounts are topped up, she is working in a care home, national insurance number ok etc.

The only doubt I have is about the meaning of "unmarried partner of a a person present and settled in the Uk". This is because I work away from home (abroad in the oil industry) and only come home for holidays.

Would appreciate it if someone could let me know if the definition of "present and settled" that the immigration office will use.

Edited February 7, 2009 by Eddie555

[gerryBScot]

hi don't think you'll encounter any problem with being "present and settled" on the basis of working overseas. i think it would only be a problem if you spend your off shore leave periods outside the UK to the extent that the authorities could say you were domiciled somewhere other than the UK. so, for instance, if you own property in Thailand and have spent all your off shore leave there in the last few years then might be a problem. but you own property in the UK, your partner lives there when you are away, can prove it and presumably pay tax there? shouldn't be an issue.

[7by7]

Where is your main home?

Where do you pay tax?

If the UK, then you should not have a problem.

[Eddie555]

Where is your main home?

in the UK, see original post for detials

Where do you pay tax?

Egypt where I work

If the UK, then you should not have a problem. ????

[7by7]

So essentialy you own a home in the UK, where your wife lives, but you live and work in Egypt and vist her in the UK when on leave.

To be honest, I'm not sure if your circumstances would count as 'present and settled.'

Maybe you should contact the BIA and ask.

You could just simply submit the application, but were it refused that you would lose the fee.

[CharlieB]

The TGF came over in March 2007 on a 2 year unmarried partner visa which we now want to convert into ILR.

Everything seems to be in order for the ILR application, I own the apartment in which we live, we have plenty of documention in out joint names, council tax statements, bank accounts are topped up, she is working in a care home, national insurance number ok etc.

The only doubt I have is about the meaning of "unmarried partner of a a person present and settled in the Uk". This is because I work away from home (abroad in the oil industry) and only come home for holidays.

Would appreciate it if someone could let me know if the definition of "present and settled" that the immigration office will use.

How much time do you spend in the UK vs overseas working?

[Eff1n2ret]

I can't find any specific guidance in the Caseworking instructions published on the UKBA website, but there is this paragraph on the UKVisas website which should be of relevance:-

"What does 'present and settled' mean?

‘Settled’ means being allowed to live in the UK lawfully, with no time limit on your stay. 'Present and settled' means that the person concerned is settled in the UK and, at the time we are considering your application under the Immigration Rules, is in the UK or is coming here with you, or to join you and plans to live with you in the UK if your application is successful."

I also noted this on the website of an OISC company called Law Firm Ltd:-

"Please note that a British Citizen who has been resident overseas but who now intends to return to the UK to live can be regarded as present and settled in the UK"

I don't know exactly what is the basis for the second quote, which may be opinion rather than fact, but it seems to indicate that if the OP regards his place in the UK as "Home", and has plans to live there with his partner in the reasonably near future, his partner will qualify. But it does say "now intends", which must imply in the near future.

Otherwise, if the OP intends to continue working abroad full-time for several years and just come to the UK for his holidays, he isn't in a much different situation from any foreigner who owns property in this country and does the same. He could visit his partner in his/her own country.

Edited February 8, 2009 by Eff1n2ret

[Eff1n2ret]

On a further point, I wonder what was the OP's situation when his partner applied for the visa to come here in 2007? What did they tell the ECO? If he was working full-time outside the UK then, and expected to do so for the foreseeable future, and declared as such on the application, they can now argue that the applicant now has a reasonable expectation of remaining in the UK on the same basis.

[Eddie555]

Guys thanks for the replies. To give more info.

1. The UK is my home, I intend to stay here

2. I own an apartment which is our home, I pay council tax, I am on the electoral role, my family is in the UK

3. All my salary is remitted to the UK

4. The only problem is my job in the oil industry means I have to travel, a lot of other guys do this.

5. Working in Egypt is not much different to working on the rigs or being in the merchant navy. I go there do my job and come home.

6. When my partner joined me I was resident in the UK but travelling to Paris during the week for work and coming home at weekends and public holidays and vacations.

[paully]

Eddie,

From the above, you sound as if you might be accepted as 'present and settled' in the UK - but the tax issue presents a difficulty IMO as you pay this in Egypt. The key question is do you intend to live in the UK with her in the near future, or do you intend to continue working in Egypt and travelling back as now?