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Topic: Next after Spouse visa  (Read 474 times)

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Next after Spouse visa
« on: August 24, 2016, 09:26:03 AM »
hello everyone,

my american wife is living here in the UK on a spouse visa which is due to expire next December (2017). I had a couple of questions regarding the next step and what we should start to plan for the next step.

I have tried to find it on the gov website but its rather confusing.

Also my wife wants to do some travelling in the summer of 2018, does anyone know if there is a certain amount of time that she can/cannot leave the country for on the next step of the visa process?

thanks.
Met at College USA: Oct 2010
Started dating officially: Feb 27 2011
I moved back to the UK: Nov 2012
Dating long distance : Nov 2012
Engaged: July 2014
Married: September 2014
On-line Application Submitted: Nov 18 2014
Biometrics Appointment: Nov 25 2014
Documents Sent: January 19 2015
Application Received at Sheffield: February 5 2015
Decision Made Email: March 5 2015
Visa Received: March 9 2015
Flights booked for: March 16 2015


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Re: Next after Spouse visa
« Reply #1 on: August 24, 2016, 10:13:34 AM »
By your timeline it looks like she for her first spouse visa in 2015? She will need to 'renew' her visa and get a second FLRM 28 days before her visa expires. She will be eligible for Indefinite Leave to remain (like permanent residency) after 5 years of spouse visas. Your spouse will need to meet the financial, accommodation and relationship evidence. So between you, you will need to earn £18600. You will also need to include evidence that you have been living together for two years previous to your application. So joint bills are great for that evidence. If you don't have joint bills, keep all bills  that arrive in separate names too.

Travelling should be limited and for good reasons. How long is she hoping to travel? Would you go with her? A couple months shouldn't pose much of a problem.
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Next after Spouse visa
« Reply #2 on: August 24, 2016, 11:57:36 AM »
thanks for your response this is much help. i presume the second FLRM visa will take her up to the 5 years of residency in the UK.

she will be looking to travel about 6 months and yes i would be going with her.
Met at College USA: Oct 2010
Started dating officially: Feb 27 2011
I moved back to the UK: Nov 2012
Dating long distance : Nov 2012
Engaged: July 2014
Married: September 2014
On-line Application Submitted: Nov 18 2014
Biometrics Appointment: Nov 25 2014
Documents Sent: January 19 2015
Application Received at Sheffield: February 5 2015
Decision Made Email: March 5 2015
Visa Received: March 9 2015
Flights booked for: March 16 2015


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  • Posts: 1134

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  • Location: York
Re: Next after Spouse visa
« Reply #3 on: August 24, 2016, 01:31:03 PM »
thanks for your response this is much help. i presume the second FLRM visa will take her up to the 5 years of residency in the UK.

she will be looking to travel about 6 months and yes i would be going with her.

Yes the second visa will take her up to 5 years for ILR.

Bear in mind you will probably need to meet the earnings requirement for ILR, so be careful about travelling for too long (ILR application under the new rules won't happen until 2017, so we don't yet have exact requirements for it). Also make sure you can prove that you were together for your travels (keep itineraries and any flight stubs). You very well may need to prove that you were together for the two years before your ILR application.
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Next after Spouse visa
« Reply #4 on: August 24, 2016, 02:32:03 PM »
okay thanks so do you still think it will be okay with these timelines:

been living together since March 2015 in the UK on spouse visa

travel june 2018 - december 2018

apply for ILR March 2020
Met at College USA: Oct 2010
Started dating officially: Feb 27 2011
I moved back to the UK: Nov 2012
Dating long distance : Nov 2012
Engaged: July 2014
Married: September 2014
On-line Application Submitted: Nov 18 2014
Biometrics Appointment: Nov 25 2014
Documents Sent: January 19 2015
Application Received at Sheffield: February 5 2015
Decision Made Email: March 5 2015
Visa Received: March 9 2015
Flights booked for: March 16 2015


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Re: Next after Spouse visa
« Reply #5 on: August 24, 2016, 02:41:12 PM »
It's fine, so long as you show you are either together during the travel or maintaining a relationship.

Where it'll be an 'issue' is if she wants to apply for citizenship.  She may not meet the requirement for days present in the UK (depending on when you apply).


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Re: Next after Spouse visa
« Reply #6 on: August 24, 2016, 02:51:32 PM »
does the apply for citizenship come after the ILR or is the ILR an application for citizenship, and im guessing as mentioned before we wont know the required amount of days present in the UK for this until its released in 2017??
Met at College USA: Oct 2010
Started dating officially: Feb 27 2011
I moved back to the UK: Nov 2012
Dating long distance : Nov 2012
Engaged: July 2014
Married: September 2014
On-line Application Submitted: Nov 18 2014
Biometrics Appointment: Nov 25 2014
Documents Sent: January 19 2015
Application Received at Sheffield: February 5 2015
Decision Made Email: March 5 2015
Visa Received: March 9 2015
Flights booked for: March 16 2015


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  • Joined: Jan 2007
Re: Next after Spouse visa
« Reply #7 on: August 24, 2016, 03:16:57 PM »
ILR is permanent residency and you are required to hold ILR in order to apply for citizenship.

If you are not married to a UK citizen, then you have to hold ILR for 12 months before you can apply for citizenship, but if you are married to a UK citizen then you just need to hold ILR (for no particular length of time) and meet the other requirements.


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Next after Spouse visa
« Reply #8 on: August 24, 2016, 03:21:20 PM »
There are no required number of days to be in the UK for ILR, you just have to show you have lived with your spouse for the entire length of the spousal visas (doesn't have to be in the UK for the whole time, but you need to be able to show evidence that you were living in the same property as each other, by way of mail addressed to you).

For citizenship, if you are married to a UK citizen, you have to show that:

1) you were physically inside the UK exactly 3 years prior to your citizenship application date

2) you have not been outside the UK for more than 270 days in the previous 3 years before applying for citizenship, with not more than 90 of those days in the final 12 months.

You only count full days outside the UK, and not the day you leave or come back - so say you left on Monday and returned on Friday, that only counts as 3 days.

If you can't meet the requirements right away, you just have to wait to apply until you do meet them.


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« Last Edit: August 24, 2016, 03:22:21 PM by ksand24 »


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