Applying For Ilr; Uk

[timbo86]

My wife currently has a FLR visa with just over a year left on it. Would there be an issue if we were to apply for ILR given the time remaining on the FLR visa?

Reason being that we would like to apply for a mortgage in the near future.

Thanks

[7by7]

The terms 'FLR' and 'ILR' suggest that you are asking about the UK; is this correct?

See PLEASE READ THIS BEFORE POSTING

We also need more details before we can answer you.

If you are asking about the UK then:-

Is this her first FLR obtained after entering the UK with a fiance visa and marrying you? In which case; no she cannot apply for ILR yet.

Or did she enter with a 27 month spouse visa or similar but she had not satisfied the knowledge of life and language requirement before it expired so had to apply for FLR instead of ILR? If so, then she can apply for ILR as soon as she has satisfied KOL, providing all the other requirements are met.

Or did she have a 27 month visa but delayed her entry to the UK for more than 3 months and so had not lived in the UK for the required 24 months when it expired? If so she can apply as soon as she has lived in the UK for 24 months; provided the other requirements for ILR are met.

Or something else?

As far as I am aware there is nothing in the immigration rules to say that a FLR holder cannot have credit; including a mortgage either jointly or on their own. The attitude of lenders, though, is a different matter.

[timbo86]

Hi, sorry for the vague description.

It is a UK spouse visa and my wife has been in the UK for 3 years 9 months.

Yes, lenders seem to make their own rules up.

The mortgage broker suggested changing to ILR so there is no time limit restriction which is a big concern for most lenders.

I will apply for ILR when I return home in September.

On another note regarding the application,

I currently work outside the UK so I therefore need my passport to travel.

How will this affect my wife's application as I had to surrender my passport for the last visa application?

Regards, Tim

[bobrussell]

If you use the Settlement checking service:

http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset(m)/scs/

they should return your passport. As far as I know with the new biometric residence cards there is no reason not to return your wifes passport as well but she could have problems re-entering the UK if her FLR has expired.

Applying in person using the premium service (at additional cost) should get things processed same day for the majority of applicants rather than wait nearly six months for a postal application.

[andyandythai]

Hi,

My wife is waiting for ILR to come back, within the last 2 years my wife has her own bank account with an overdraft and credit card so your ok for that kind of consumer credit but for a mortgage you must have ILR (residence permit), we have just purchased a house and I had to do the mortgage in my name or wait for the ILR to come back. I actually work for a UK bank (sshhh) and I did check out the lending criteria and most banks insist on residency for foreign nationals.

Andy

[timbo86]

Unfortunately those services don't seem to be available in Northern Ireland.

My wife is currently living in the UK so that will not be an issue with FLR and re-entering the UK.

I will only be home for 3 weeks and plan to re-new my passport so maybe they will accept my old which will still have 9 months left on it.

[7by7]

The settlement checking service doesn't seem to be available in Northern Ireland, but there is a public enquiry office in Belfast where she can apply in person.

List of public enquiry offices

Note, though, that applying in person costs a massive £1377 as opposed to the already outrageous fee of £991 for applying by post.

One thing worries me, though.

I think that your wife is only entitled to ILR if she is living with you and you are 'present and settled' in the UK, that's what the immigration rules seem to say, anyway.

Yet you seem to be saying that you live and work outside the UK and only return for periodically.

This is why they want to see your passport, to see if you are present and settled in the UK. If it shows that you are not she may be refused.

Hopefully someone more expert than I can clarify; but I feel you should check on this aspect.

NB, topic title amended to show country.

[timbo86]

I am currently deployed in Afghanistan so I would hope that the Home Office will not be holding that against me.

It's not a choice I made lightly and with the poor economic crisis in the UK I could be claiming benefits instead and struggling to get by.

To be honest I will probally pay the express 1377 fee.

I have all the other evidence they require like letters in both names, bank accounts etc.

If anyone can clarify this for me that would be great.

[timbo86]

Just a quick update,

I Phoned the Border Agency and explained the circumstance.

As I am a British citizen I don't need to be physically present ie, living there.

When they state 'present and settled' they are refering to the 'applicant'

Had me going there earlier but now my mind is at rest.

The express fee is heafty, but if it means I can sort business out quickly while i'm home on leave then that means that there is more time for beer!

[7by7]

Sorry if I gave you palpitations; but the rules and guidance all talk about the spouse of a person who is present and settled in the UK, or applying at the same time.