Under the Immigration Rule you are not a resident here. Just a visitor. Then Again you did not mentioned most Important part "where is Back Home" I am no sure where youare from and theyalso have rules for different countries.

Passing the test is not a problem, as far as I know there is no expiration date and once you pass it it is also good for your Citizenship. If you keep your visits for 2-3 weeks and around 4 times a year then you are just a visitor. Better to get a Visitor Visa or stay permanently here.

They have all the records and they can extract it if they want but they may or may not do that as they are almost short of staff all the time.

They may also reject your application by sayingthat this is a marriage of convenience because you visit your family 3-4 time a year for 3-4 weeks.

You said you are Self Employed then you need to show that you are paying Tax and not a burden on Public funds. You or your wife should not be getting any benefits other then child benefits if you have any children. All other benefits are a BIG NO( e.g. Housing, Child Tax Credit or Tax Credit are not in your favour)

Hi Joe,

1. Life in the UK Test is for life and there is no expiring date for it. So don't worry, you've just done the right thing!

2.They need 6 documents addressed to both of yous jointly. It's being said " If you did not live together for any of the 2-year period, tell us the reasons for this and whether you stayed in contact with each other during this time, and provide any relevant supporting evidence." So as long as you satisfy them that your absence has had been due to your job and you had been in touch with each other, there wouldn't be any problem.

Good luck!

Waheed
Thanks for your comments.

Just to add that we both pay taxes and have never claimed any benefits in any form and do not intend to and it is not a marraiage of convenience. We wish we live together on a daily basis but our work does not permit that for now.

I guess me paying all my taxes as required through being self employed and also keeping records of how much we keep in touch could be to our benefit.

Thanks again.

Joe

Thanks Romia.

We have started collating the documents and so far have documents addressed to us both. Do you think it will help our case if we keep records of how much we keep in touch with each other (i.e. phone records, emails etc)?
Also, do you think if we can afford to see each other more than 3 times a year be it me coming here or my wife coming home it would help our case more? We thought of me increasing my trips here a lot more in a year (if possible) but don't know if this would help or rather worsen our case because of immigration control.

Also, could you please explain the the whole residency requirement as applicable to the ILR application and how this differs (or is similar) to naturalisation.

Thanks again.

Joe

Dear Joe,

There is a limit for your absence from the UK. You better call them and ask about it for ILR. But I know it for Naturalization you CAN NOT:

have spent more than 270 days outside the United Kingdom during the three-year period; and have spent more than 90 days outside the United Kingdom in the last 12 months of the three-year period.

So the best thing to do is calling them and ask about this limitation for ILR.

Yes keep all of the documents that show you had been in touch during your absence periods. If your wife had come to see you, tell them about this. Any thing, anything that shows your marriage is not a fake one, would help.

ILR needed documents are:

1. The fee!!! (My advice: don't apply  by post. It's the best for you to apply in person to have the opportunity to explain any confusing issue.)

2. You and your wife's passports.

3. Your Life in the UK Test certificate. (For Nturalization you just tick the box saying I've already passed the test. The certificate is not needed for Naturalization)

4. Your finances documents. Anything that shows you have enough money to support yourselves; like bank satatements, self-employing documents,...

5. One of the most importants: letters to both of yous or seperated, but to the same address. They should be spreaded in the last 2 years. Take as much as you can. From the first date of your visa. Start with the Jobcentre letter for your appointment to get NI number! Again, they got to be spreaded in the last 2 years. They are very precise about this factor. Don't forget, Take As Much As You've Got!

6. Photographs.

At last, all the documents should be original.

You can apply for Naturalization a year after ILR if you're still married.

Good luck!

Hi everyone
Can any one please help me with the below queries:

1. I am currently on spouse visa (since last year) and due to apply for my ILR sometime early June 2009.Is there a time period within which one must take the life in the UK test? I ask because even though I am not due to submit my application until next year I have just recetly taken and passed the exam. Would this be a problem (i.e. I took it too early or will it still be valid when I apply next year).


2. Also, I have my own business back home which I am still running in addition to being self employed in the UK. Due to this I am mostly out of the UK and visit my familywho are permanently based here about 3 or 4 times a year (spending on average 3 weeks). I am worried that my absence may cause a problem for me when I am applying for the ILR and subsequently naturalisation. Does anyone know if there is a way out or if the HO can tell how long I have stayed out of the UK?

Any thoughts would be much appreciated.

Joe