Hi Everyone,
Firstly, I apologize if these topics have already been covered. I've done a search and have found some topics that touch on these subjects, but I am still very unsure of what to do in my situation!
1. My spousal visa expires on 9/9/06 so I am applying by post in the beginning of August. I am traveling back to the USA for two weeks from 21/7 - 4/8. Will this be a problem that my visa expires one month after I return? Can I just take a letter from my employer to confirm that I will be returning to my work and then applying for my ILR?
Are you asking if the immigration officer will give you trouble upon your return to the UK? If so, then no. You will be entering on a valid visa and that's all they care about -- what you do after that is up to you. Immigration won't know if you're planning to apply by post on 5 August or if you'll be applying in person on 9 September. If the IO notices the expiration date, s/he may remind you to apply for ILR, but I can't see there being any more hassle than that.
2. My passport and spousal visa are in my maiden name. I never had my name changed in my passport because it's good until 2010. However, all of my documentation in the UK is in my married name. Will this be a problem? I will be able to send documentation in my maiden name from my US account and my visa/marriage certificate does say 'wife of ... ' is that good enough? I could get a letter from my employer too, if that will help.
My situation was the same. Your marriage certificate shows the link between your maiden and married name, so you won't have any problems.
3. If I am (hopefully) successful in obtaining my ILR, it would be in my current passport under my maiden name again (like my spousal visa) which expires in 2010. We are hoping to return to the USA to live in about 2008, and I will eventually want to either get a new passport with my married name or renew my passport in 2010 in my married name. What will happen with my ILR? Will it be swapped to the new passport? At that point we will be living in the USA, so will I even need the ILR anymore? Is it good forever (if we decide to one day move back to the UK) even if we live outside of the UK for many years?
The general rule is that you'll lose your ILR if you're out of the UK for two years, so if you leave the UK in 2008 and stay out until 2010, your ILR won't be valid anymore anyway. If you're getting ILR in 2006, you'd be eligible for UK citizenship in 2007 (assuming you've only lived in the UK for 3 years as a spouse and haven't been here longer on a work permit, etc.), so obtaining that would nullify your ILR anyway.
4. Has anyone had a problem with posting their application? Do you know how long it normally takes?
I applied in person, but most people on here who've applied by post seem to have their visa within 2-4 weeks. I think the website says it could take up to 13 weeks, but I've personally never heard of anyone's application taking that long.
