Results 1 to 8 of 8
Thread: Marriage and working abroad
-
18th October 2011 #1
Marriage and working abroad
Ca anyone help with our question. My husband is British and we both work in Dubai. Were married for 18 months our contract in Dubai is for three years. Does this time together in Dubai help qualify for my indefinite leave to remain in the UK?
-
18th October 2011 #2
- Join Date
- Jan 2009
- Location
- Sydney, Australia
- Posts
- 2,557
- Rep Power
- 112
Afraid not, only time in the UK counts. I'm a few hours down the road from you and in a similar situation with my wife.
-
18th October 2011 #3
- Join Date
- Aug 2010
- Location
- Marikina City
- Posts
- 26,785
- Rep Power
- 150
In principle the answer is no and yes.
No, in that time together outside of UK does not count towards ILR.
With the exception.....
Yes, it counts if that time happens to be 4 years or more.
I don't think anyone would want to guess how future UK immigration policy could look. But as it stands right now there is currently what is often termed the '4-Year rule'
If you are married and have been living together for four years or more outside the UK you may be granted either Indefinite Leave to Remain (permanent residence), or Indefinite Leave to Enter without having to live in the UK for the usual two years.
Here is the UKBA explanation of how that one works:-
SET3.23 What immigration conditions apply upon entry to a spouse applicant?
The applicant will normally be admitted for an initial period of 27 months.
After satisfactory completion of this period, indefinite leave to remain (ILR) may be granted on application to the UK Border Agency.
However, where an applicant:
has been married to the sponsor for at least four years and they have been living together outside the UK during that time; and has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he / she is aged 65 or over at the time of the application (see SET16 Knowledge of Language and Life in the UK - The KOL provision); andthe sponsor has (at the date of decision on the application) a right of abode/indefinite leave to enter; then Indefinite Leave to Enter (ILE) may be granted.
Where an applicant has satisfied all of the requirements for ILE, except the KOL requirement, the applicant should be granted 27 months leave to enter. During this time they can, at any point, satisfy the KOL requirement and then apply for indefinite leave to remain (ILR) in the UK.
I'm not sure it helps you in your circumstances, but it may be helpful to others who are already in or approaching the 4-year period.
-
19th October 2011 #4
- Join Date
- Jan 2009
- Location
- Sydney, Australia
- Posts
- 2,557
- Rep Power
- 112
I have to admit I wasn't aware of this information that Terpe has posted, and this is really useful to know. I was only aware that once you had the FLR you were limited to 3 months out of the country towards the three years.
Will do some more reading into this but, but its really good information, and I apologise for giving a poorly informed answer above.
-
24th October 2011 #5
We both thank you for the help you have given. This does give more options to us as we have a UK home and a home in the Philippines so time together working and in both places can soon add up to 4 years...
-
24th October 2011 #6
-
24th October 2011 #7
- Join Date
- Aug 2010
- Location
- Marikina City
- Posts
- 26,785
- Rep Power
- 150
-
25th October 2011 #8
Thread Information
Users Browsing this Thread
There are currently 1 users browsing this thread. (0 members and 1 guests)
Similar Threads
-
Documents needed if your partner is working abroad..
By pecia19 in forum Help & AdviceReplies: 2Last Post: 29th September 2013, 10:18 -
Romanians' mixed feelings over working abroad
By joebloggs in forum News UKReplies: 17Last Post: 14th January 2013, 15:39 -
Applying new/renew passport in the Phils but Marriage C. issued abroad.
By Anne in forum Help & AdviceReplies: 4Last Post: 14th June 2006, 19:45