mrlookforward
14 years ago
HI,
I am struggling to understand that how you got the idea that ILR can be granted on arrival at the airport. I am sure you have really confused between two different pieces of information and merged them to form your idea that ILR can be granted on arrival. ILR was granted on arrival to commonwealth citizens before 1971 immigration act came into force. The information you are quoting has been obsolete for past 38 years.

If you and your wife have been living together outside UK for 4 or more years, then you can apply for ILE (Indefinite leave to enter) at the nearest British post. ILE is equivalent to ILR. Apart from usual requirements of spouse visa, you will need additional documents to prove that you two have lived together for 4 years. Merely a marriage cert or children's birth certs wont suffice. Check out the website of British post in the country of residence.
Your understanding about Life in the UK Test is correct.

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tomspencer78@hotmail.com.1330536375
14 years ago

Hi, thanks for your reply. I was basing my thoughts about ILR on the following web page of the Borders Agency :


http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/


wherein it states :


"We may be able to give you permission to live permanently in the UK as soon as you arrive, if:



  • you and your partner married or formed a civil partnership at least four years ago; 

  • you have spent those four years living together outside the UK; 

  • you are both coming to the UK to settle here together;"


Is this ILE, as opposed to ILR?

mrlookforward
14 years ago
You have picked two lines out of the whole para. The lines you have quoted are from a para which is stating the requirement of obtaining Visa before travelling in the first place.

ILE is the thing you need to apply for.
tomspencer78@hotmail.com.1330536375
14 years ago

Hi, I'm new to this forum, so please forgive me if this has already been answered.


I note from the Borders Agency website, that ILR may be granted immediately upon arrival to spouses who have been married and living with their UK national partners in a foreign country for not less than 4 years, and who can demonstrate sufficient knowledge of English and of Life in the UK.


I am a British national and I have been living in mainland China and Hong Kong for over 5 years, now. My wife is from mainland China. Eventually, we will return to the UK to settle, although for now we both have jobs in Hong Kong.


Has anyone got any experience of applying for ILR upon arrival?


The Life in the UK test cannot be taken outside of the UK, however it is possible for us to visit the UK next Easter or next summer, for my wife to take this test. From other posts on this forum, it seems that the certificate is valid forever.


My wife could easily take and pass the English test (which will soon be required), here in Hong Kong.


Then what do we do?


When the time comes to return permanently to the UK, we will have to get a visa for my wife. But what kind of visa? Do we need to spend a lot of money on a long term visa, when she should be granted ILR on arrival anyway? Would a simple family visit visa be ok? (she has had one of these visas issued to her once before, already). How do we apply for ILR on arrival? Do we do it at the airport? Do we have to notify someone of our intention (Borders Agency or British Consulate, for example) before we make the journey?


I think the ILR on arrival is designed for the wives of diplomats, since they don't have to take the Life in the UK test, so there is not much information on the Government websites for people like us. I would be grateful for any advice that anyone can offer.