Permanent Leave To Remain

[GuestHouse]

The time is fast approaching when we need to consider what to do about my wife's Pemanent Leave to Remain.

As I have said on this board before, we are currently in Italy (legally registered as resident here), but my wife also has a probationary UK spouses visa, which she used for 11 full months to remain in Thailand. She has two previous visitor visas to the UK and (just for demonstration sake, I'll mention she also has visas for Singapore where she lived with me before we went back to the UK)

The point I am illustrating is that my wife and I travel together as a part of my employment, I work for an international corporation that requires I travel for my job. And it is this that puts me at odds with the immigration rules (although perhaps not, hence my question).

My question is:

What is the boards opinion on the following plan.

We head back to the UK one month before my wife's earliest date of application for PLR, register ourselves for council tax etc and then I return to Italy, travelling back to the UK weekends.

I am aware that we can apply for a FREE family permit under the EU Treaty of Rome, indeed we used the Treaty to obtain free a free visa for my wife to come to Italy. However, the Family Permit requires a full five years in the UK to be convertable to a Permemant Leave to Remain.

Anyway, whatdoyouthink?

I am aware that there is no requirement to spend the full two years in the UK but I still feel that the rules do not openly support the growing number of people like me who genuinly work internationally.

[the scouser]

To be honest, Guesthouse, I think it's a non-starter. One of the requirements of the rules is that you need to show that you permanently live together and it's possible that with you in Italy 5 days per week, the Home Office will argue that this rule hasn't been fulfilled.

The irony is that if you were to be posted back to the UK, your wife would possibly qualify for the ILR because you could then argue that she fails to fulfil the residency requirement solely because of your overseas posting, but that you are both otherwise now settled in the UK.

I don't know exactly what your circumstances are, but if you have been married for in excess of 4 years and have spent this time outside of the UK, when you do intend to go and live there, your wife may be able to apply for an "indefinite leave" settlement visa.

Topic moved to the visas for other countries forum.

Cheers,

Scouse.

[GuestHouse]

Thanks Scouse, as usual, prompt and to the point.

I figure we might go for the Family Permit but then my big worry is that we either get posted back to the UK a couple of months after my wife's Spouses Visa has transpired or worse still get posted elsewhere away from the EU (Which is highly likely and would negate the chances of getting a Family Permit under the Treaty).

I've never heard of an 'Indefinate Leave Settlement Visa', but it could be the way forward if we do head off somewhere else before returning to the UK.

I'd add, it's not the cost, visa fees are covered in my T&C's of assignment, rather it's the whole uncertainty thing and being treated like a nomad.

Makes me wonder why ever we would want to go back in the first place..... Oh no... don't get me started.

Thanks again Scouse

GH

[the scouser]

Once the traffic has died down on the IND site, I'll post a link to the rules about the indefinite leave settlement visa.

Scouse.

[the scouser]

Right, I finally managed to get on to the IND website and here's what I was on about:-

..........( the applicant is married .....to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married ...... at least 4 years ago, since which time they have been living together outside the United Kingdom........

282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may, in the case of a person within paragraph 281(I)(a), be admitted for an initial period not exceeding 2 years or, in the case of a person within paragraph 281(I)(, indefinite leave to enter may be granted provided a valid United Kingdom entry clearance for entry in the appropriate capacity is produced to the Immigration Officer on arrival.

Cheers,

Scouse.

[GuestHouse]

Again, thanks for the information Scouse.

I'll look into it as soon as I know what our mid term plans are.