We were instructed by a US national married to a British citizen for over eight years who wished to apply to settle in the UK. During the course of their marriage, the couple had split their time together between their homes in three different countries including the UK. The US national had always entered the UK as a visitor and remained here for up to six months in each year.
In order to be eligible for indefinite leave to enter, rather than a probationary two year visa, the relevant immigration rule requires that 'the parties were married …at least four years ago, since which time they have been living together outside the United Kingdom'. We made strong representations to the Entry Clearance Officer that the couple had been living together outside the UK notwithstanding their regular and extensive visits to the UK. This was supported by the fact that they were resident for tax purposes in one of the other two countries. In order to save our clients further costs, we advised that the US national complete and pass the 'Knowledge of Life in the UK' test before submitting her entry clearance application. As a result, our client did not have to submit a second application and pay another administrative fee after arrival in the UK.
The Entry Clearance Officer accepted our representations and granted our client indefinite leave to enter.