ILE requires living outside UK?

Just to confirm...
My wife and I were married almost 5 years ago in the UK. I was there on a spouse visa which was then converted to FLR. About 1.5 years into our marriage I got a job back in the states, so we moved to the US. Now we are getting ready to move back to the UK.
We'll be visiting in June, and I will take the KOL test at that time.
However, 1.5 of our four+ years of marriage were spent living in the UK. Does this mean I'm ineligible for ILE? If possible, I'd prefer to get the ILE, mainly to save money.

What do I do? My understanding is there is just a single spouse application... SET(M). Do I just hope that they give me ILE?
 
Thanks!

I'm not sure about whether or not you have to have lived outside the US for the entire 4-year period. There was a debate about it on here the other day (in this thread: http://talk.uk-yankee.com/index.php?topic=52479.0;all), so hopefully someone can help with that soon.

If you cannot apply directly for ILE (or for a spousal visa with the 'KOL required' endorsement if you can't take the Life in UK test before applying), then you will have to start over again with the original 2-year spousal visa and then apply for ILR (or whatever it will be called then - they are planning on changing the ILR and citizenship processes soon) after you have lived in the UK for 2 more years.

I believe that SET(M) is an ILR (permanent residence) visa and can only be applied for from within the UK after you have been living in the UK on a spousal visa for 2 years.

The SET(M) application form is for in country UK applications for Indefinite Leave to Remain.
I believe that if you were married in the UK you came in on a fiance visa and then converted to an FLR(M) not a spousal visa which is issued to those already married for initial entry to the UK.

In order to receive the ILE (Indefinite Leave to Enter) you must have already taken the Knowledge of Life in the UK exam and have spent 4 years of marriage outside of the UK. However there was a recent thread where a portion of the marriage was spent in the UK which is here: http://talk.uk-yankee.com/index.php?topic=52618.0.

But, if you have not taken and passed the exam you cannot receive the ILE.

If you're in the US then your application will be completed online and you can request the 'KOL' stamp on a spousal visa which if you receive it will allow you to convert it to an ILR on the SET(M) application once you take and pass the exam without waiting until the 27 month spousal visa expiration.

Online application website: http://www.visa4uk.fco.gov.uk/Welcome.htm.

For clarification, 'spouse visa' is a colloqualism and 'FLR (M)' is an application form, not a type of visa.

In short...ask for the ILE, the worst that happens is that they only give you the 2 year visa.

Vicky

That's great, I'll make my application and hope for the best. Cheers!

For clarification, 'spouse visa' is a colloqualism and 'FLR (M)' is an application form, not a type of visa.

My bad Vicky...it's just how I've seen the delineation between those getting a spousal visa on VAF4A (online I know but technically this form) out of country and a spousal visa on FLR(M) in country. Which when the OP said that he 'had a spouse visa then converted to FLR' in the UK left me scratching my head...

I call them 'in-country spousal visa' and 'out of country spousal visa'...everyone has different terms.  Going by form names isn't a bad way of doing it, but then you get people saying 'I have FLR', which I see a lot, and which can mean a million different things.

Vicky