ILR immediately on entry

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porticoSuper Member
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ILR immediately on entry

Post Wed Sep 21, 2011 11:46 am

for one of the visa experts

I read on the UKBA website recently & cant find it now [will continue to search], that the spouse of a Brit who enters the UK on a spousal visa may be given an immediate ILR.

I dont know whether I misread that part.

Is there any situation or circumstance where the UKBA will/may/could issue an immediate ILR visa to the Canadian spouse [married more than 2-years] who enters the UK on a spousal visa & without the spouse having to complete the 2 year probationay period?

Is there any circumstance where the Canadian spouse (with no ancestry ties to the UK) of a Brit citizen on entry to the UK will be given an ILR without first having any other visa class, or an ILR given replacing another visa class
Disclaimer: I am not an immigration expert & anything that I post on visa & immigration is based soley on more than 30 years of personal experience & interaction with the UKBA & Home office.
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AGNCanuckAbroad VIP
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Re: ILR immediately on entry

Post Wed Sep 21, 2011 11:58 am

I believe immediate ILR is only available to those married FOUR years, and only after applying for the spousal visa and having passed the KOL test.

Otherwise there will be the probationary period before ILR is granted.

Is there a particular angle/benefit you are looking at that would require one to speed up citizenship?
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porticoSuper Member
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Re: ILR immediately on entry

Post Wed Sep 21, 2011 12:33 pm

The question I posted in the OP was not targeted towards any fast track route to citizenship but more about simply shortening the steps & time to ILR.

With that, given a situation that the couple have been married 4+ years & prior to applying for the spousal visa the spouse passed the KOL test (on a visit to the UK) - at what point in the whole process is a spouse visa application (or issued one) then changed to an ILR?
Disclaimer: I am not an immigration expert & anything that I post on visa & immigration is based soley on more than 30 years of personal experience & interaction with the UKBA & Home office.
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AGNCanuckAbroad VIP
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Re: ILR immediately on entry

Post Wed Sep 21, 2011 1:04 pm

I *believe* it can be right at the border on entry.

My question on what the benefit might be (other than shortened time) is to know if you think there is something missing if you are on ILR rather than citizenship (when living full-time in UK).
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AGNCanuckAbroad VIP
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Re: ILR immediately on entry

Post Thu Sep 22, 2011 5:28 am

So, it turns out your daughter isn't even married, so why all the questions about how 2 or 4 years, and immediate ILR? Her friend isn't eligible.
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porticoSuper Member
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Re: ILR immediately on entry

Post Thu Sep 22, 2011 7:25 am

AGN wrote:So, it turns out your daughter isn't even married, so why all the questions about how 2 or 4 years, and immediate ILR? Her friend isn't eligible.


Why you ask - well thats a good question... why

Imagine me asking questions on a forum like this, maybe I like others can learn something from those that have knowledge or experience, maybe they can impart their knowledge to others on some of those questions asked.

Well, I suppose my daughter can look at all of the options available or open to both of them if they want to move to the UK - that includes time, cost factor & speed, including up to the route to ILR - many of which have been discussed extensively in other threads

Current options available - if you have more AGN, then please add them

1. Let him apply for a YMS (see if the UK is what its all made out to be) then, if they want to, they simply get married in the UK, then change visa class to spouse
2. Let them apply now under the fiance(e) or unmarried partners visa class
3. Get married now in Canada (after all they've been cohabiting for 5 years) - apply for a spousal visa now, or, wait a couple more years get more cash than they have already [they will need it in the UK] - then, if they are still in the same frame of mind about moving to little Britain - bobs your uncle.

Either way, she as a Canadian born Brit citizen, he as a Commonwealth citizen have a few options, from & including ...

Getting married now or later, taking into consideration the cost as well as the shortest or longest route to ILR, either via married or unmarried visa, which can be as short as zero to four or five years depending on which option they choose & the timing they want to choose, that is if they still want to move to the small minded, dirty, yob attitude, high priced little Britain.

He could apply under tier 1 (would probably get in that way) & forget about coat tailing on my daughter.

Now if they were that desperate like many from far & wide that land in the UK just for the welfare benefits - then yes, go as quickly as you can to live off the welfare state, just pay the visa fees & bingo, he's in.

Apart from the adventure & travel, I just dont get why any home grown Canadian, including my daughter would want to settle or live PERMANENTLY in an overcrowded UK - what if any are the real benefits to it.

The world is such a small place these days, travel is really easy .
Disclaimer: I am not an immigration expert & anything that I post on visa & immigration is based soley on more than 30 years of personal experience & interaction with the UKBA & Home office.
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AGNCanuckAbroad VIP
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Re: ILR immediately on entry

Post Thu Sep 22, 2011 7:35 am

Your post didn't look like a survey to me. It looked like a problem that needed a solution -- which is why and how I answered it, and which is why I asked what the actual problem was with NOT getting ILR.
You, in fact, even called it a question, and from what I know from your other posts, the question contained sufficient information to make it seem that it was a genuine problem for your daughter.

Turns out you really don't care about your son-in-law getting ILR, immediate or otherwise, so I'll take my queue from you.

btw, if they marry now, the waiting time for ILR in UK cannot be zero unless they first wait in canada for 4 years.
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porticoSuper Member
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Re: ILR immediately on entry

Post Thu Sep 22, 2011 7:49 am

AGN wrote:Your post didn't look like a survey to me. It looked like a problem that needed a solution -- which is why and how I answered it, and which is why I asked what the actual problem was with NOT getting ILR.
You, in fact, even called it a question, and from what I know from your other posts, the question contained sufficient information to make it seem that it was a genuine problem for your daughter.

Turns out you really don't care about your son-in-law getting ILR, immediate or otherwise, so I'll take my queue from you.

btw, if they marry now, the waiting time for ILR in UK cannot be zero unless they first wait in canada for 4 years.


Again, a question & why

AGN, on the basis that my daughter & her boyfriend are serious about moving to the UK - which option would you suggest (if it was your daughter) they take to settle in the UK.

Second part of the question ... time & cost

AGN, back to you to answer the questions (not a survey) & whatever you say will be taken as you are a professional in visa matters.

Do I care if my daughters B/F gets a visa or ILR - what a silly point you made on me not caring, but I suppose you may have a point there, which I never considered. I must show him your post on that comment
Disclaimer: I am not an immigration expert & anything that I post on visa & immigration is based soley on more than 30 years of personal experience & interaction with the UKBA & Home office.
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AGNCanuckAbroad VIP
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Re: ILR immediately on entry

Post Thu Sep 22, 2011 7:55 am

"what a silly point you made on me not caring"

Perhaps I should have said --gathered from the tenor of your prvious post -- that you would not "mind so much" if roadblocks to ILR would discourage your daughter from moving to UK. That was the sense in which I meant not caring.

Nothing you read on any public blog --including from VisaWise, btw -- should be considered as coming from a professional.

The disclaimer you attach to the end of your posts is redundant, in that sense.
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porticoSuper Member
Topic author
Posts: 183
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Joined: 14 Aug 2011
Location: Toronto

Re: ILR immediately on entry

Post Thu Sep 22, 2011 11:18 am

AGN wrote:
Perhaps I should have said --gathered from the tenor of your prvious post -- that you would not "mind so much" if roadblocks to ILR would discourage your daughter from moving to UK. That was the sense in which I meant not caring.

Nothing you read on any public blog --including from VisaWise, btw -- should be considered as coming from a professional.

.


whatever AGN, on that earlier comment about caring - why bother trying to clarify it.

"Turns out you really don't care about your son-in-law getting ILR, immediate or otherwise, so I'll take my queue from you"

I am generally interested reading comments when they make sense, folks may learn something, but I suppose you're right about its only a public blog, which leads me to think that any responses to a posted question should always be taken without merit or qualification [like a grain of salt] & it can be total BS [unless they are qualified pro bono] how would anyone know if the responses are good or bad, true or fake.

Folks like me reading responses on this thread should probably always follow up & get paid for qualified professional expert help from an immigration lawyer/visa consultants, unless one of the qualified visa experts disclaim their responses or say 'contact me for paid advice'.

BTW AGN, are you a visa & immigration consultant or someone that just knows this stuff - if you've just picked it up somewhere, then its not too shabby & if you are a visa/immigration consultant/quaified/expert [do seem knowledgeable] why not say so.

Woud you mind telling us where can you be reached for further expert help, do you have a website?
Disclaimer: I am not an immigration expert & anything that I post on visa & immigration is based soley on more than 30 years of personal experience & interaction with the UKBA & Home office.
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