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Topic: Applying for ILR before standard 2 years need advice!  (Read 2610 times)

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Re: Applying for ILR before standard 2 years need advice!
« Reply #15 on: May 09, 2008, 05:02:51 PM »
I just looked at my spousal visa and it says:

Settlement Spouse/CP(KOL REQ)



That's an entry clearance under 282c for sure!



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Re: Applying for ILR before standard 2 years need advice!
« Reply #16 on: May 10, 2008, 07:30:29 PM »
So, since you didn't do anything different than I did and got the entry clearance needed, what happens now?  I just have to wait the 2 years??  I did the EXACT same thing, sent in the paperwork, wrote the spousal letter that we were married for so many years living in the US, and sent in my marriage certificate.  I just didn't state that I was going to try and get my ILR as soon as I could.  So since this isn't stated that you need to specify in the original application, I'm I just out of luck?


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Re: Applying for ILR before standard 2 years need advice!
« Reply #17 on: May 11, 2008, 05:12:27 AM »
What does your visa say, exactly?


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Re: Applying for ILR before standard 2 years need advice!
« Reply #18 on: May 12, 2008, 03:01:48 PM »
absolutely nothing like that.  All it says is type: WIFE-Spouse of (my husband) dob (his date of birth)  And that is it.  I don't see anything else on it all all.  I'm hoping that since we did technically disclose our situation maybe we have a leg to stand on???  But were we suppose to specifically ask them to mark it a certain way for us?  I would appreciate any help anyone has or can offer.  Thanks!


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Re: Applying for ILR before standard 2 years need advice!
« Reply #19 on: May 12, 2008, 03:18:19 PM »
The visas I have seen which would allow for ILR as soon as the KOL is taken have said Settlement Spouse/CP(KOL REQ)

Vicky


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Re: Applying for ILR before standard 2 years need advice!
« Reply #20 on: May 12, 2008, 03:29:41 PM »
Have a look at this link: http://www.ukvisas.gov.uk/en/ecg/chapter13/#point%20sixteen.  You're looking at paragraph 13.16.  Based on your endorsement, it does appear they've given you the normal spousal visa where you have to wait 2 years before ILR. 
Obviously sending in your marriage certificate is providing proof you were married more than 4 years ago, but it seems they want proof you were married and living together for 4 years.  In my own application, I provided tax returns and rental lease with both our names to cover the 4 year period.   I believe Sevans may have gotten by without providing these things because she was in a special circumstance having already had a spousal visa in the past.


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Re: Applying for ILR before standard 2 years need advice!
« Reply #21 on: May 12, 2008, 07:46:42 PM »
So, not to get really defensive or anything, but since there wasn't anything in place or procedures for this and I didn't send in proof from 4 years ago, I'm out of luck?  It was in my spousal letter and with the marriage certificate and really to me, you're not married if you aren't living together anyways.  I get that people can't always live together for some reason or another.  But for a genuine marriage over 5 years, always lived together, definitely have the proof to show it, we can't prove that afterwards? 


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Re: Applying for ILR before standard 2 years need advice!
« Reply #22 on: May 12, 2008, 07:58:24 PM »
Honestly, its a pain but at least you were approved for a visa.

There are probably hundreds of families that are ripped apart because of refusal.

Try to see the bright side.  You plan to be together forever, so what is two years really?


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Re: Applying for ILR before standard 2 years need advice!
« Reply #23 on: May 12, 2008, 08:03:33 PM »
k27davis: I can understand how you feel. In fact, I'd be absolutely livid if that had happened to me. Two years is a long time towards citizenship, if you have every right to not have to wait that long. Which you DO, since you've been married for more than 4 years.

No advice, but you definitely have my sympathy. Good luck sorting it out.


Re: Applying for ILR before standard 2 years need advice!
« Reply #24 on: May 12, 2008, 08:19:50 PM »
Mild correction:  it's ILR we're talking about rather than citizenship.  You both have exactly the same requirements for citizenship, and neither of you has an advantage over the other in that respect.   In fact, if I read it correctly, k27davis will be the first one eligible for citizenship. 

And k27, just because you didn't get an entry clearance under 282c doesn't mean you can't STILL fast-track your ILR under some other rule. 



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Re: Applying for ILR before standard 2 years need advice!
« Reply #25 on: May 12, 2008, 08:35:21 PM »
Mild correction:  it's ILR we're talking about rather than citizenship.  You both have exactly the same requirements for citizenship, and neither of you has an advantage over the other in that respect.   In fact, if I read it correctly, k27davis will be the first one eligible for citizenship. 

And k27, just because you didn't get an entry clearance under 282c doesn't mean you can't STILL fast-track your ILR under some other rule. 



So besides no longer being dependant on your spouse to stay in the country, are there any other advantages to going straight to ILR instead of waiting 2 years? I would have thought it also meant that citizenship was that much closer.  ???



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Re: Applying for ILR before standard 2 years need advice!
« Reply #26 on: May 12, 2008, 08:47:18 PM »
So besides no longer being dependant on your spouse to stay in the country, are there any other advantages to going straight to ILR instead of waiting 2 years? I would have thought it also meant that citizenship was that much closer.  ???

From what I understand, you can apply for Citizenship after living in the UK for 3 years, if you are married to a British Citizen.  I don't think when you get your ILR comes into it.




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Re: Applying for ILR before standard 2 years need advice!
« Reply #27 on: May 12, 2008, 08:48:13 PM »
Ah, okay!


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Re: Applying for ILR before standard 2 years need advice!
« Reply #28 on: May 12, 2008, 08:55:53 PM »
Mild correction:  it's ILR we're talking about rather than citizenship.  You both have exactly the same requirements for citizenship, and neither of you has an advantage over the other in that respect.   In fact, if I read it correctly, k27davis will be the first one eligible for citizenship. 

And k27, just because you didn't get an entry clearance under 282c doesn't mean you can't STILL fast-track your ILR under some other rule. 


  So back up the train, what do you mean by fast-track your ILR under some other rule??  I wasn't aware there was another option.  What are the choices??  I'm not concerned about the citizenship thing right away, I just wanted to have an ILR because it may help my prospect of getting a job when my visa doesn't only have a 2 year window.  That was my main motivation was that people will take me more seriously about being here and staying here.  Just from the few comments from the employment agency and the few interviews I've been on, they all want to know that you're staying around and all. 


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Re: Applying for ILR before standard 2 years need advice!
« Reply #29 on: May 12, 2008, 09:03:31 PM »
Just from the few comments from the employment agency and the few interviews I've been on, they all want to know that you're staying around and all. 

You may want to find a new employment agency if their attitudes are like that. 

I was hired after one interview (agency arranged interview) and have had another job since and have never encountered that kind of attitude.

I saw your other posting regarding jobs in England and I wish you the best of luck.


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