Question for a co-worker re: FLR to ILR

One of the women in my department (Brit citizen) is married to guy from the US. He is on his FLR now, and should be eligible to apply for FLR in March 2007.

Since they have been married, he has had to return to the US numerous times (more than 90 days total) to sort out his US passport. (He immigrated to the US from Iraq in the 80's as an asylum seeker, and was converting his green card to US citizenship.) They didn't know about the limitation on the number of days you could be away (non work related).

I was talking with her today, and she said there is nothing on the application form that asks you if you have been out of the country, and wondered how they would know he had been gone. Since I am here on a WP, I rarely pay close attention to the FLR/ILR rule discussions, but isn't there a chance he might be turned down for his ILR?

Aren't the dates he entered the UK stamped on his passport? I entered the UK twice on my FLR, and got a stamp both times.

That's what I was thinking, but she is under the impression that since there is no mention of this on the application, that they will be OK.

I had to leave for almost 90 days last year and I don't know that stamps were all in there and the ILR app doesn't give full mention that you HAVE to say anything but to be honest, rather than have the application denied because they didn't get information could be costly in more ways than one. I would send a letter of explanation just in case. That's what I am doing and it's better to have more than less.

That's what I was thinking, but she is under the impression that since there is no mention of this on the application, that they will be OK.

You have to include your passport with your application. 

Sorry if I worded that badly.

She is saying that the application does not have a portion to fill in any times you have been out of the country, so she didn't think it mattered that much. I encouraged her to look into it but she says they will just go ahead and file and see what happens.

If it were me, I'd be taking the route Hauntedmansion is doing because I'd be worried about them tuning it down, but because I don't fully understand the process, I am not going to argue with my co-worker.

There is no residency requirement for ILR as a spouse, although the applicant needs to make clear that he has made the UK his home and that he really is living with his wife.  It is probably a good idea to submit an explanation, but it won't be refused if he doesn't, unless he has actually spent the majority of time out of the UK.


Vicky

Thanks!