absolutely GUTTED

Thanks, Mort!

That took about 1 minute.

Gotta make 'em harder next time.


Edit: Sorry, sevans, I really didn't mean to make it sound so flippant. I'm happy if the ILE is a viable and quick option for you, and that everything works out in the end.

I think that an ILE is similar to an ILR, right? Except one is issued in the UK and one is issued outside the UK?

Please can someone direct me to a thread or website that clarifies this? My mind's a bit scattered at the moment  :\\\'(

I think that an ILE is similar to an ILR, right? Except one is issued in the UK and one is issued outside the UK?

Please can someone direct me to a thread or website that clarifies this? My mind's a bit scattered at the moment  :\\\'(

You got it right, I think. Search around the forum for Long Term Partner Provision to get the details and requirements, etc. If you're feeling gunshy (and I don't blame you, considering) get a consultation to outline the best options for yourself. I understand how you'd want all the i's dotted and t's crossed after what happened.

Gotta make 'em harder next time.

   And with a nod to irony, where to find the best summary of their history which demonstrates having maintained normal residence outside of the UK for 4 years?

Probably on here!

There is a problem.  In order to get ILE, sevens needs to come to the UK to pass the test.  And I am not confident that immigration will let her in to do this now than a settlement application has been made and refused.

Vicky

 And with a nod to irony, where to find the best summary of their history which demonstrates having maintained normal residence outside of the UK for 4 years?

Seriously? You can use that as evidence? 

Seriously? You can use that as evidence? 

Sorry, Mort. Can you please elaborate? I'm feeling a bit ... overwhelmed, here. What can I use?

Sorry, Mort. Can you please elaborate? I'm feeling a bit ... overwhelmed, here. What can I use?

If I got this right, garry is saying that you can use the refusal to prove that you've maintained a residence outside the U.K. for the past four years, which is what you'll need to apply either for the ILE or the Spousal --> ILR visas.

The way I understand it (and please remember I'm a poker player not a immigration professional and I really urge you, before taking any steps consider consulting with someone who isn't a poker player but an immigration professonal: ok, disclaimer over) you have three options at the moment:

1. You can appeal. According to garry, it won't be an easy appeal. I have no clue or even an estimate on time and expense involved.

2. Indefinite Leave to Enter (utilizing the Long Term Partner Provision) which is a visa that's (basically) equivalent to the ILR used by couples who have been married or cohabiting together outside the UK for four years. Since, according to the ECO, you have failed to prove you've resided in the UK the past however many years, garry is saying you can use that refusal to prove you have resided in the U.S. (again this is only a summary) To get the ILE, however, you need to fulfill the KOL requirement, aka pass the Life in the UK test. It is not administered outside the UK at present so you'll need to take a trip here to take it. This might create problems, as per Vicky's earlier post, since you do have a refusal on your record and that might get you bounced.

And 3. Apply for the regular spousal visa. Come to the UK, take the test and apply for the ILR right away as a long-term partner. This is obviously more time and financially intensive than option #2.

This can get you started. Once again, before you decide, talk to someone who knows what they are doing but don't get discouraged. Your case is by no means hopeless. You still have every chance not only to come to the U.K. but to do so quicker than you think at the moment.

Best of luck.

Edited because misspelling garry's name TRHEE times takes serious skill!

Mort: Thanks so much for taking the time to spell that out for me. Now it's all very clear. 

No advice, but I wish you the best of luck with whatever path you decide to take!

Mort is doing fine this evening!   

sevans, I would EMPHATICALLY recommend letting Vicky (or similar) manage the spousal app with a KOL certificate.  It's not something you can screw up multiple times because it needs to be done picture perfect the first time.

Remember to ask for a UKY discount 

Mort is doing fine this evening!   

sevans, I would EMPHATICALLY recommend letting Vicky (or similar) manage the spousal app with a KOL certificate.  It's not something you can screw up multiple times because it needs to be done picture perfect the first time.

Remember to ask for a UKY discount 

Thanks, Garry. You're talking about ILE + going to the UK to take the KOL test, right?

Either way around is fine.  I would do the test first because it's cheaper.  But that's really a call for whoever's managing your application because they would have the complete picture on your situation.

Sorry for all the questions here.

So, I apply (with help) for the ILE, then go to the UK on that visa to take the KOL test? (or visa versa), right?

Do you know the cost of the ILE?

I'm having a hard time searching the archives here. I'm sure there's lots of info on KOL and ILE, but nothing's coming up for me.

You need to go to fulfill your KOL requirement before you submit your ILE visa app. Which means, you'll need to go in on visa waiver, take the test, get the proof (you get it the same day,) come back and submit that proof with your app.

That is why this might be an issue (as per Vicky, who knows her stuff.) Since you have a settlement visa denial on your record, you are at risk of being denied entry into the U.K, since they can reasonably assume you're an overstay/just-plain-stay risk.