27 replies to this topic

[Nick]

Hi,

1) Can you please let me know whether any checks will be conducted in respect of the partner of the main applicant as part of the application?

2) Will partners and dependants of the main applicant all need to take the Life in the UK Test when applying for indefinite leave to remain?

3) Will the application of the partner or dependant for indefinite leave to remain be assisted in any way by a successful application of the applicant?

4) Is it preferable to apply from within the UK or from outside the UK?

5) Is there a set deadline by which the applicant applying from outside the UK under the Investor category must enter the UK?

Many thanks,

Nick

[Gentleman of Leisure]

1) Yes.  General grounds for refusal will be looked for and applied if necessary.

2) Yes (unless they are exempt - see exemptions) but in five years the rules may be completely different.

3) The former is completly contingent on the sucess of the latter.

4) The rules are applied equally to submissions in either location.

5) The expiry date of the visa.

[Nick]

Thanks. Just to clarify your response to point 2. Does this mean that only the main applicant will need to satisfy the presence in the UK requirement (at least 180 days a year) in order for the partner to qualify for indefinite leave to remain?

[Gentleman of Leisure]

Point 2 referred to the KOL rather than absenses from the UK.  However, PBS dependant absenses are not counted or considered as they are for the PBS migrant.  As long as the dependant arrives initially in the UK at least two years before the ILR date, they can come and go as they please.

[Nick]

You are correct of course. It was point 3. I assume that dependants include partners? Does this mean that dependants/partners need to apply for ILR together with the main applicant? Thanks

[Gentleman of Leisure]

Currently there is no scope within the immigration rules for PBS dependants (by this I mean people with that immigration status) to apply for ILR separately from the main applicant.  If they are unable to apply jointly or have not completed two years when the PBS migrant applies for ILR, they must apply to switch their status to FLR(M) and then apply for ILR when the conditions are right.

[Nick]

Does the main applicant need to file tax declarations every year as a consequence of being in the UK 180 days a year? Must the applicant declare and pay tax on all worldwide income?

It strikes me as quite odd that the dependants/partners don't need to satisfy any residence criteria for ILR. Is it the same when the main applicant applies for naturalisation (i.e. the satisfaction by the applicant of requirements is sufficient for dependants/partners to qualify)?

Many thanks

[Gentleman of Leisure]

These are personal liability tax questions for your accountant based on your residence, ordinary residence and overseas income that is remitted in the UK.  They are not relevant to immigration.

[Nick]

Fair enough on the first question, but how about the second question?

[Victoria]

All applicants for naturalisation must meet residency requirements.

If the spouse and main applicant have spent too much time apart the UKbA may question whether it is a genuine relationship.