Hi William,

This was covered in a previous post actually. You should have a look at this page of the Visa Office website though.

"If you and your husband, wife or civil partner have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see relevant section of this guidance for more information)."

The length of your relationship is more important than how long you have been married so it should be the case that you are eligible now. Check this with your local embassy/diplomatic office and they should be able to confirm this for you.

George
www.lifeintheuk.net

Thank you so much George, I appreciate your response and time I will have a look at the information.

Hi George, just had one more question to ask. Do I have to still apply for my spouse visa or do I have to apply for ILR separately ?

Hi George,

I was just going thru yr reply to William. Can you please confirm only these 2 conditions are required i.e. Necessary English language know how and Life in UK test ?
Statement for income support is not mandatory ?

I will appreciate.

Hi Rash,

The link to the Visa Office page takes you to the section which summarises the requirements for a spouse visa. As I read it, the key part is: "If you ... have been living together outside the UK for four years or more, and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter."

My understanding is that the requirements for a spouse visa or indefinite leave to enter (ILE) are the same - the difference is that you can move straight to ILE and not that there are different requirements.

George
www.lifeintheuk.net

Hi William,

I believe that you apply directly for ILE and skip the visa as the ILE endorses your passport for entry/stay; although to be honest I am inferring this from the Visa Office advice and not experience.

I'd recommend checking on this one. Sorry I can't be more help.

George
www.lifeintheuk.net

Hi WIlliam did you make any progress, I am in a similar situation. In fact we applied and got a spouse visa 3 years ago but never settled in the UK (long story...it was activated on one of our trips though).

Now we want to apply for ILR but not sure how to go about it. We have been married for many years living outside the UK and I am trying to understand how and when ILR is granted, given it states on the UKBA website on entry, if all conditions are met.

Hello, I have been with my UK spouse in the US for almost 7 years and we will have been married 4 years in July of 2011. We have been living together those entire 7 years and my question is this. I understand that I could qualify for ILR if living married with my spouse for 4 years. I am making my visa application as a spouse visa in April of 2011 from the US and it will be 3 months or less shy of the 4 years required. Although we will be married 4 years in July will they consider me for ILR even though we have been living together as a couple for 7 years and almost 4 of those married? By the way my wife and daughter have been present and settled in the UK since October of 2010 and I am set to take my life in the UK test here in the UK March 11

Dear Mr Tickle,

I enclose immigration rules pertaining to your situation.

Should you need professional advice or more information about the company, please visit our website at www.ilas.org.uk or contact us directly on 0208 539 6611.

Alternatively we can be contacted on ilas@btconnect.com and info@ilas.org.uk

Our consultation charge is 95GBP and we are able to provide a legal advice via email, upon return of filled in questionnaires and generally a few inquiries from the company.

Regards,

Sylwia Wawrzynczak

Consultant

Immigration Rules

Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement

Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a)(i) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

__ __(ii) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

(a) the applicant is aged 65 or over at the time he makes his application; or

(b) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;

(c) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or

__ __(iii) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

__ __(iv) the applicant has obtained an academic qualification(not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

__ __(v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and

(1) provides the specified evidence to show he has the qualification, and

(2) UK NARIC has confirmed that the qualification was taught or researched in English, or

__ __(vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English.

or

__(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

__(b)(iii) the applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and

(ii) the parties to the marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity

For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.

Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion

282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

(a) in the case of a person who meets the requirements of paragraph 281(i)(a)(i) and one of the requirements of paragraph 281(i)(a)(ii) - (vi) be admitted for an initial period not exceeding 27 months, or

(b) in the case of a person who meets all of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter, or

(c) in the case of a person who meets the requirement in paragraph 281(i)(b)(i), but not the requirement in paragraph 281(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 27 months, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 281 is met.

Refusal of leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement

283. Leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 281 is met.