Entry clearance question

Yeah, going back before Sept 7 would be easiest all around, because if you leave it until after that date, it seems you will have to start the immigration process all over again (starting with a 2-year spousal visa). However, since the government are planning to change the method by which you obtain permanent residence, ILR as we know it right now will no longer exist and you may have to wait longer (5 years instead of 2 years is the plan, I believe), jump through more hurdles and probably pay more than you did before to gain back your permanent residence.

Thank you. Now I just need to come to terms with our decision.                              

Any way you could make an argument that your Grandmother could be considered your dependent?

Yes, if you return after Sept 7, you are going to run the risk of paying somewhere around £3,000-£5,000 grand to get back to the point where you are now over the next few years.  If you think you need to be in the UK, then you should absolutly move before you run the risk of your ILR being invalidated.

Thank you. That means I have to wait 3 years once returning to apply for my UK citizenship right? Just trying to get everything straight in this fog in my head.

Cheers.

No, you've got it the wrong way round.  If they have been married for four years but one of those years was living in the UK then they would just be granted a two year spousal visa without the KOL req endorsement, as they wouldn't fulfull the "have been married and living together OUTSIDE OF THE UK" requirement.

Vicky

I am under the impression that is in there because it's normal you would see people who are outside of the UK. In practice, the four years should be counted wherever the couple have been living.

So would I be able to apply for my citizenship or would I have to wait the 3 years? I am a little confused now.

So would I be able to apply for my citizenship or would I have to wait the 3 years? I am a little confused now.

I think, if you applied for citizenship now, you'd fail the "days out of the country" test, if nothing else.

Correct, as it stands now, to obtain citizenship you need to have spent the preceding 3 years in the UK and not exceeded 270 days out of the UK and not exceeding 90 days in the past year.  So until you reestablish enough time in country, you won't be able to apply for Citizenship.

But there is a bill in-front of the Parliament now called the BCI which will likely have some further changes to that situation, as in having to wait longer.

I hate to say it, but not applying for Citizenship after you hit the 3 year mark before might have been a mistake.

I would wait for Vicky to weigh back in, because tannersarms knows what he is talking about, but we might need Vicky and tannersarms to fight it out...    But at the end of the day, it is probablly in your best interests to not let the ILR expire.

kitsonk,

I was gonna mention the BCI bill changes in my reply, but I remember reading somewhere that there is an exception for people already with an ILR. However, I also remember reading that there's a limited time window for "pipeline" cases, and I couldn't remember how long the window was.

Unfortunately, I couldn't seem to find the posts discussing it. Is this really the case, or is my brain playing tricks? And if it is true, how long is the window and would  Monkey Magic fall into it, assuming she can get here before her ILR could be invalidated?

I just wanted to thank all of you for helping me with this. I really appreciate it.

Mort, it is all still up in the air.  Jalexa and other have been working to get some admendments into it for the purpose of ensuring that people are part of the way down the path are covered and Lord Avebury and Lady Hansom have been very useful, but soon it will go to the House of Commons.  It is very hard to predict what will be implimented and how.

The only constant will be change.  That why getting as far down the path as quickly as possible is necessary.

My gut feeling is that those with ILRs are going to get through fairly unscathed in the end, but those currently with limited leave to remain in the UK may get the brunt of the changes and those arriving anew of course will get the full treatment.

In practice, the four years should be counted wherever the couple have been living.

Not every consulate thinks this, and it's not what the rules say. 


Vicky

I am under the impression that is in there because it's normal you would see people who are outside of the UK. In practice, the four years should be counted wherever the couple have been living.

Your assumption is right once the couple are inside the UK; but the KOL endorsement requires that the entire previous 4 years be outside the UK.  It can't be just any 4 years either, it needs to be the previous 4 years.  It needs to be like that because if the applicant's prior immigration history from a previous residence would have to be taken into account. 

Bearing in mind what Tanners has said, I think that perhaps I have been taking a too stringent view of this.  It looks as though some ECO's will grant ILE/the KOL Req endorsement, even if the couple have spent some time in the UK within the four years.  I guess it makes sense to ask for the endorsement anyway, as it doesn't cost anything.

Thanks Tanners.


Vicky

So.....as of now when I reenter the UK before my 2 years is up and I have my ILR still intact, I then wait the additional 3 years to be able to apply for UK citizenship?

I lived in the UK for 3 1/3 years before we moved over here to the US.

Thank you.