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Topic: UP Visa vs. 4-year ILR  (Read 1670 times)

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UP Visa vs. 4-year ILR
« on: July 27, 2005, 09:43:04 AM »
A couple of questions. 

1- I've been living here for 2 years on a work visa.  I will be renewing it for another 2 years.  After that two years will I be eligible for applying for a more permanant visa?  What's it call?  Is it a straightforward processing getting this?

2- I'll be moving in my boyfriend in a few weeks (yippee!!!).  After two years of cohabiting (both names on gas bills, etc), we'll be able to get an UP visa, right?

3- Mortgage question- I'm looking at buying a house.  My mortgage broker says that b/c I am currently on a 2 year work visa, I am considered high risk to the lenders.  Therefore, even though I have a 25% deposit, I can only borrow 2 times my salary.  Has anyone else come across this issue?  He says that if I change my visa to something more permanant, I could borrow up to 4x my salary.

Thanks in advance for all your super duper help!
If you harbour bitterness, happiness will dock elsewhere.


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Re: UP Visa vs. 4-year ILR
« Reply #1 on: July 27, 2005, 09:44:30 AM »
Also... as my work has handled my work permits thus far (since they're the ones who want me to work for them), I haven't handled any of the paperwork. 

When I go for the ILR (??) or UP visa, can I do this myself?  Or is it best to use an immigration lawyer or advisor?  Expensive?
If you harbour bitterness, happiness will dock elsewhere.


Re: UP Visa vs. 4-year ILR
« Reply #2 on: July 27, 2005, 10:02:59 AM »
You need to have been co-habitating for 2 years in order to get the UP visa, and then that is an FLR one for an additional 2 years.  But on a work permit, you only need another 2 years to get an ILR, v. 4 years of living w/your partner to get the same thing.

So it would make more sense if I'm understanding this correctly for you to do another 2 years on a work permit and then go for ILR. 


Re: UP Visa vs. 4-year ILR
« Reply #3 on: July 27, 2005, 11:02:57 AM »
When I go for the ILR (??) or UP visa, can I do this myself?  Or is it best to use an immigration lawyer or advisor?  Expensive?

In general, non-visa nationals without exceptional circumstances and without pejorative immigration history can prepare the application themselves.  Last year, about 85% of all applications were done professionally, but it's misleading because most of those were work permits and settlement cases... 

So you'll be fine...



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Re: UP Visa vs. 4-year ILR
« Reply #4 on: July 27, 2005, 11:12:55 AM »
So.  If I remain working in the UK with a work visa and if I remaing living with my partner in 2 years time I would be entitled to:

Indefinite Leave to Remain (ILR) b/c work permit for 4 years
or
?? Leave to Remain (FLR) b/c cohabitating for 2 years.

And the ILR is better than the FLR?  I though just amerians like acrynoms this much.
If you harbour bitterness, happiness will dock elsewhere.


Re: UP Visa vs. 4-year ILR
« Reply #5 on: July 27, 2005, 11:31:29 AM »
So.  If I remain working in the UK with a work visa and if I remaing living with my partner in 2 years time I would be entitled to:

Indefinite Leave to Remain (ILR) b/c work permit for 4 years
or
?? Leave to Remain (FLR) b/c cohabitating for 2 years.


That's right.

ILR is indefinite leave to remain.  It means you can stay in Britain in your own right for as long as you please.  It means you can take up work with any employer you wish.  For as long as you please.  LLTR/FLR means Limited Leave to Remain/Further Leave to Remain.  Means your stay in the UK is limited depending upon the conditions of your visa.  If you're in unmarried partner, that means your stay is dependent upon the survival of your relationship w/your British partner.  It ends, you either find a new work permit or leave the country.

So it seems a better option to remain on your work permit for another two years.  Then file for SET(O) - Indefinite Leave to Remain based on your having worked here under employer sponsorship for 4 years.  As it is, you need to have proof of 2 years cohabitation to qualify for an unmarried partners visa, so it makes no sense to stay on a work permit for 4 years and then file for an unmarried partners visa when you'd be eligible for ILR by that point.


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Re: UP Visa vs. 4-year ILR
« Reply #6 on: August 01, 2005, 01:40:09 PM »
i'm being a nudge- but does anyone have any idea about the mortgage part of my question?  is my mortgage broker correct in that as I'm on a limited visa (2 years), it will be difficult to get a mortgage for anything more than 2 times my salary (contingent on 25% down)...
If you harbour bitterness, happiness will dock elsewhere.


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Re: UP Visa vs. 4-year ILR
« Reply #7 on: August 01, 2005, 01:46:10 PM »
We're buying a house and they wanted to see I had no restrictions at all on my stay here - I have ILR, so I was able to give them a copy of the stamp/sticker my passport.  We purposely waited until I had ILR before we even started, and even after that, the fact that I don't show up on the electoral roll has been a problem.
"Beer is proof that God loves us and wants us to be happy."

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Re: UP Visa vs. 4-year ILR
« Reply #8 on: August 01, 2005, 02:03:45 PM »
Ok- thanks for confirming what the mortgage broker said.  I technically own abour 5% of a business over here- I need to investigate if this changes my ability to get a ILR.  Does this qualify as a significent investment?

Peedal- what effect did your absense from the electoral roll have on your mortgage?
If you harbour bitterness, happiness will dock elsewhere.


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Re: UP Visa vs. 4-year ILR
« Reply #9 on: August 01, 2005, 02:45:28 PM »
Well, there are other factors that make my husband and I a "special case."  ::)  But our financial advisor explained that I don't show up because I'm not a citizen (yet!) and that I do have indefinite leave and so the lender asked for a copy of my Indefinite Leave. 

We had been turned down by one company applying on our own.  Our financial advisor spoke with them and found out that the things that they turned us down for were little ones - but they added up.  Me not being on the electoral roll - 2 "blips" in payments on a credit card about 10 months ago - and the fact that we had two addresses over the past 3 years.  Not big things - but add in that my husband is self-employed and we needed a 100% mortgage...well, the little things add up.  For most people - and especially someone in your situation - I would say it's probably not a problem if you can prove the immigration status.
"Beer is proof that God loves us and wants us to be happy."

- Benjamin Franklin


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Re: UP Visa vs. 4-year ILR
« Reply #10 on: August 03, 2005, 09:08:09 AM »
i need to stop looking at houses, because i visit them, fall in love, and then since I can't get my visa/mortgage situated I can't put a proper offer in.

i'm going to talk to antoher mortgage advisor this week.  tell him my situation and see if he'll allow me to take out a mortgage for what i need. 
If you harbour bitterness, happiness will dock elsewhere.


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