1. This is so because HO needs proof that you have been living together for 2 years. If all the six bills are from only few months then this does not prove you have lived together for 2 years.

2. Your wife does not need to share your bank account. If you could not get her name with your account, why did she not open an account just in her own name? It takes 10 minutes to open a bank account. 6 proofs could be bank statements, council tax bills, electricity, water, gas, tv license, etc etc. 2-3 in her name and rest could be just in your name.

3. Like it has already been discussed by myself and other member in the other thread. Extended holiday is not a problem as such, but both of you packing your bags and going to USA will not be regarded as holiday. Best way is that she returns to UK well in time to apply for ILR. My advice regarding not jeopardising her ILR plans is that just do the family stuff after ILR. She can visit the family forever and you can spend the time in USA forever, but ILR does not wait forever. If her visa expires while she is away from UK, then she will not be able to enter back into UK. A new spouse visa procedure will have to be started from USA. New procedure is much stricter and difficult. Basically right now, as far as UK immigration is concerned, your primary consideration should be ILR, and not the urgent urge to do family stuff in USA.

regards

Thank you for this detailed reply.

I think we have ample proof of our living together and being together for the last two years - we have travelled a lot and virtually always together.

We share finances so did not need additional account - besides she has a US account and Paypal which both have cards she has used when needed.

The spouse visa lasts for 27 months, so perhaps it would be best not to apply for ILR at the first opportunity. 2 years comes up on April 20th 2014 - I understand (I hope correctly) that application for ILR can be made 28 days prior to this date and up until the spouse visa expires (July 19th) - she will be in the US until late January - she is there for three reasons: a dear friend (almost family) is in desperate need of care as he has come out of hospital - he has paid my wife's ticket over with airmiles; her mother's anniversary of her death is in early January. And she has been working on a online teaching platform here in the UK and this launches in January - because most of her client base is from the West coast it is important to launch there so that she fits in with the time-zones. This is the pinnacle of her life's work so it is important to do it right - once it is launched there won't be the need to be in the US.

My intention is to join her for a period after Xmas - we have not yet decided how long to stay in the US, but we hear what you are telling us. It would seem prudent not to stay there for too long and then when we do return to not go for immediate application for ILR.

Thank you for taking the time over this - very much appreciated.

How much does it cost to get ILR?

regards,

Simon

Your understanding is correct. ILR application can be made 28 days before clocking 2 years and right upto the day visa expires. But it will be wise not to leave it till last moment.

Right now the fees is £ 1051, but most likely it will go up on 06/04/14.

She has the option of applying by same day service, if an appointment at PEO is available. The fees for this service is £1426. 

If she applies by post, the date application is posted is the date of application. Keep the recorded delivery receipt safe. If applying for the same day service,  the date of application will be the date application is submitted at PEO. Not getting an appointment for same day service before the visa expires won't be an excuse for submitting late application.

I know this question is not relevant right now, but did your wife live in UK (as visitor or any other category) before she arrived in UK on spouse visa. If yes, could you mention her date of arrival and departure from UK.

Just want to see if there is scope of applying for citizenship immediately or soon after she gets ILR.

regards

Thanks so much for your thorough response - I missed your reply initially, hence my slow reply. Finding it this morning I am grateful for your knowledge in this area - how come you know about these things? The information is not so easy to access I am finding: I have not been able to find the cost of the fees so far.

You say the fee is likely to go up on 6th April - again how do you know and do you have an idea of how much - it seems like this is a money-spinner. It would seem prudent to apply before this date, which would be the beginning of our window of opportunity. If we mail it on 4th April, does that mean we are in at the £ 1051 fee?

Citizenship: We had not thought about that yet - my sense is that it's expensive - again can't find that fee easily either. She moved over here June 2011 and it took us til April 2012 to get the spouse visa. Those dates were June 5th 2011 arrive. Return to USA for 5 weeks Aug/Sep 2011 - back to UK late Sept 2011 - this was when we were warned about not having the right visa (for the second time). We both left UK in March 2012 to apply for the spouse visa which we received in New York on April 20th.

I would be grateful to know what we need to do to get citizenship - thank you again for your time, your effort, and your expertise.

Regards

Simon

I can not find where one gets the application form and what is required - any assistance on this would be great - perhaps I am just missing something?

There is a precedence of fees going up every 6th of April, and I cannot conceive UKBA not increasing the fee next April. I cannot predict how much it is likely to go up. Haven't lately read the cost and expenditure analysis story of  UKBA  which is used to justify these fee hikes every year.

Based on the information you have provided including her travel history, I can tell you that if she gets ILR before 6th June 2014, she will be able to apply for British citizenship on 6th June 2014. If she gets ILR on a date after 6th June 2014, then she can apply for British Citizenship on the very same day she receives ILR. I know its all too much cost in application fees, but believe me once she has British Citizenship you will be relieved. You and her can run around the world after that without worrying about missing dates and deadlines for the rest of your lives.

But there is one extremely important thing that you must keep in mind about British nationality. In her 12 months immediately preceeding the date of naturalisation application (ie counting backwards 12 months from date of application) her absences from UK should not be more than 90 days. UKBA does exercise some discretion and allows 10 days more ie total 100 days absence wont be a problem. But as soon as it turn into 101 days (or more) it will be a totally different scenario. There are some little technical details about naturalisation that must be followed otherwise the mistake can cost a loss of application fees (currently £ 874) with no avenue of appeal.

So now what you can do is just focus on ILR, and at the same time make sure that her maximum allowed absences for future naturalisations application are adhered to. You have a still a few months to go, and you can utilise this time to quickly get into action and create some more official proofs of your cohabition. You can start by opening her a  basic bank account. You can include her name on the council tax documents etc etc. ( I am sure you get the picture about what is required).

If you want to find ILR application, then go on UKBA home page and there is a facility to find application form. In the end the form you need is called SET (M).

Do not worry about finding out about naturalisation form, as you can cross the bridge when you get there. Just give me a shout and I will try my best to help. Naturalisation application is the easiest application you can submitt. The only supporting documents required will be passports, marriage certificate and nothing else. One more good thing about naturalisation is that she can submit application at NCS who copy all originals and return the originals there and then.

regards

Thank you again for your time and another thorough and helpful response.

The 90 days will be close (I know we have 100 days just in case) so I will certainly be looking for my wife to return so that we can apply for citizenship too around the mid-June mark.

I will get the documents in her name and the bank account set up.

I found the forms also - she has to take The Life in the UK test I presume.

Presumably there is some benefit in doing both at the same time - or does this not really matter? Do they both involve interviews? ILR and citizenship?

Are there any other benefits of citizenship other than the big plus of no more worry hassle over deadlines? Are there any drawbacks to citizenship?

Thanks again.

Simon

Yes, Life in the UK Test is required before submitting ILR application.

Just to make it clear, ILR is applied first, and once is has been granted then only citizenship / naturalisation application can be made.

ILR lapses if you stay out of UK for more than 2 years. If you use ILR just for short trips to UK, then also ILR can be lost. Citizenship should be the way forward in long term.  You never know, in future UK might make gaining citizenship more difficult.

There are no drawbacks attached with British Citizenship.

regards

My wife is American. I am a UK citizen. Our two - year spouse visa is due on April 20th 2014. She has to visit the USA next week - a family member is going into hospital - and is staying for the holiday season (Xmas and Thanksgiving - to visit family) - my intention is to join her in early 2014 - but this is not certain. I have work opportunities here in the UK. She has work opportunities in the USA  - we don't want to jeopardise the ILR.

So far we have travelled everywhere together, supporting each other's work. I am concerned that being absent for several months might jeopardise this. Is it sensible for me to travel to the USA to be with her early next year (Of course I want to but it has financial and work implications).

I found a useful thread on this forum entitled,

"What's the MAX time you can be out of the UK on a Spouse Visa?? How will this affect our ILR application? PLEASE HELP! "

http://www.lifeintheuk.org/mod/forum/discuss.php?d=764706

I was unable to respond or get involved or contact the people contributing (this is my first post here)

 I read one paragraph from a helpful contributor: (mr lookforward) and it raised certain questions:

"After 24 months have passed from his initial entry in UK, he/she will be eligible to apply for ILR (or whichever category is going to exist when he applies). It is of paramount importance that you have 6 official documents spread evenly over 24 months period, either in joint names or in your individual names but coming to the same address. When he/she enters UK, its of utmost importance that he opens a bank account etc and statements keep coming to your address to show his ties and future intention to live in UK with you. Some other official documents should be arranged in a way I mentioned before."

My questions in relation to this article are:

1. 6 Official documents spread evenly - why is this of paramount importance?

2. My wife does not share my bank account - it is only in my name - she shares the use of my card and funds from the account, but I was unable to get her on the account (I went bankrupt 3 years ago) - is this a problem?

Her name is on the lease of the flat we rent.

My third question was posted above - what advice does anyone have to avoid jeopardising the ILR, given that we may not be spending as much of the last 6 months of our 2-year spouse visa together, as we would like.

Thank you in advance.

If it is possible to address the question to mr lookforward in person, then great. I do not know how to do this

A further question:

My wife is returning to the UK in April, but will have been absent from the UK since Nov 22nd (in the US) and before that for 4 weeks in Europe. To apply for ILR given these factors would seem like a waste of money I am guessing.

Once the spouse visa expires are there other options other than applying for ILR or doing nothing? Can she for instance apply for further leave to remain where the spouse visa is extended and does this cost a whole lot of money like it did first time?

Right now she needs to be in the states for her work.

Also when counting days absent from the UK, are days in the EU counted?

Thanks in advance,