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Topic: Now here's a doozy?!?  (Read 734 times)

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Now here's a doozy?!?
« on: March 21, 2005, 10:25:43 PM »
I have a good friend here in the UK who has lived here for 5 years as the spouse of an American soldier stationed here.  He is returning to the States soon, but things aren't going so well between them and she is considering staying here in the UK if at all possible.  Is she eligible to apply for ILR?  Her current visa states "Leave to remain in the UK, on condition that the holder maintains and accommodates himself and any dependents without recourse to public funds is hereby given until 8 October 2005".  I can't seem to find any info online as to whether she has a legal right to apply or not.  Can anyone advise?  Thanks.


Modified by Wishstar to remove reference to specific forum members from the subject line.
« Last Edit: March 23, 2005, 09:30:12 PM by Wishstar »
"I will do this.  Nothing in my life matters except this.  I am born in this moment, and if I fail, I will die in this moment."  -Raistlin Majere


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Re: Now here's a doozy...Garry?!?
« Reply #1 on: March 21, 2005, 10:27:31 PM »
If she has been here legally for 4 years, then yes, I believe she is eligible for an ILR visa.


Re: Now here's a doozy...Garry?!?
« Reply #2 on: March 21, 2005, 10:53:21 PM »
I can't seem to find any info online as to whether she has a legal right to apply or not.  Can anyone advise?  Thanks.

Yes, she can apply successfully if she's accrued the time and can show she's solvent on her on.  If there's children, then your friend will need to incorporate it into her strategy and NOT leave it for another time.  It's not really a breath-takingly unique situation, I was answering an enquiry last month where the couple are splitting up and the UK husband was going to live in the US, and the American wife is going to stay here. 

The only thing to bear in mind is that when they see it all on paper, it will trigger an MOC enquiry.  Honestly.  It's because that's they way they think, so it pays to do some forward planning in anticipation of that.


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Re: Now here's a doozy...Garry?!?
« Reply #3 on: March 22, 2005, 03:17:28 PM »
Cheers Garry, I'm sure she'll be glad to hear it.  What's an MOC enquiry?
"I will do this.  Nothing in my life matters except this.  I am born in this moment, and if I fail, I will die in this moment."  -Raistlin Majere


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