A non-UK citizen comes to the UK on a marriage visa and then after two years can apply for settlement, right? My question is: how strict are they about her having resided in the UK for a full nine months of the year and what kind of proof are they looking for? If the wife has been out of the UK for longer than 3 months per year is there any way to get settlement and if not what visa would she come back into the UK on.

Ta

Hi Blake7,

I think you're confusing the requirements for naturalisation as a British citizen with the rules for obtaining indefinite leave to remain (ILR).

You are right that a foreign spouse gets an initial 2 years after which ILR is sought. However, nowhere in the immigration rules governing the 2-year stay does it say that the holder must spend an allotted period of time in the UK. When applying for ILR, the length of time spent in the UK then does become relevant because the applicant has to demonstrate that they are settled in the UK and if they have spent a large proportion of the 2 years outside of the UK the Home Office may determine that they are not settled. However, there is no absolute definition of how long the person needs to have spent outside of the UK in order to be construed as being non-settled. It is largely dependent upon the reasons why they stayed outside of the country for so long.

If the person's visa were to expire whilst they were outside of the UK they would have to apply for another spouse visa at the relevant embassy. If they were in the UK, they can apply to the Home Office for ILR and, providing their marriage is subsisting, they may be granted it, or may be given an extension of their 2-year leave until such a time as they can show they are settled in the UK.

Scouse.

Hi Scouse,

Have i got this right if my spouse has been refuse for ILR (for what ever reason) the home office won't throw her out of the uk straight away they will give you an extension to her settemlent visa untill she does qualify.

Hi Blake7,

I think you're confusing the requirements for naturalisation as a British citizen with the rules for obtaining indefinite leave to remain (ILR).

You are right that a foreign spouse gets an initial 2 years after which ILR is sought. However, nowhere in the immigration rules governing the 2-year stay does it say that the holder must spend an allotted period of time in the UK. When applying for ILR, the length of time spent in the UK then does become relevant because the applicant has to demonstrate that they are settled in the UK and if they have spent a large proportion of the 2 years outside of the UK the Home Office may determine that they are not settled. However, there is no absolute definition of how long the person needs to have spent outside of the UK in order to be construed as being non-settled. It is largely dependent upon the reasons why they stayed outside of the country for so long.

If the person's visa were to expire whilst they were outside of the UK they would have to apply for another spouse visa at the relevant embassy. If they were in the UK, they can apply to the Home Office for ILR and, providing their marriage is subsisting, they may be granted it, or may be given an extension of their 2-year leave until such a time as they can show they are settled in the UK.

Scouse.

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Hi Mills,

The Home Office can refuse the ILR if, for example, either your marriage broke up during the first 2 years, or your wife was in receipt of public funds. Where it is only the "settled" standard which is not reached, the Home Office will, generally, give more time.

Scouse.

Cheers Scouse!

Hi Mills,

The Home Office can refuse the ILR if, for example, either your marriage broke up during the first 2 years, or your wife was in receipt of public funds. Where it is only the "settled" standard which is not reached, the Home Office will, generally, give more time.

Scouse.

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What a well informed chap you are scouse!