4 year rule for SET(M) application

Hi All,

I am a UK citizen with a USC wife, we were married in the UK in 2000 and then moved to the US in 2007. Unfortunately we didn't get citizenship for my wife when we were in the UK and now that we have moved back to the UK this year in July, she had to re-apply for a settlement visa, with KOL required.

My question is, do we have to wait the 27 months to apply for ILR, or can we apply immediately for ILR on the basis of being married for over 4 years outside the UK? I believe this has certainly been the rules before, but with all the changes in 2012, I want to check this point. Anyone know?

Patrick

No, you don't have to wait.

If she has a spousal visa with KOL Req'd stamp, she can apply for ILR as soon as she has passed the KOL test.

As her visa was granted before the rules changed, the new rules do not apply to her at all, and she can just apply for ILR under the old rules.