ILR, British citizenship and number of days outside the UK

The rules are a maximum of 180 whole days absence (it's on page 8 of that document you linked us to); it further tells the person judging your case that they must refuse you Indefinite Leave to Remain if the rule is broken.  You say you need to spend more than 180 days in Romania; on the face of it, that will break the chain of residence, so I guess you need to decide what's the more important; especially with Brexit looking more and more uncertain.

I don't know if there are any ways around this; I'd suggest you look for an immigration lawyer and get some advice there.

Hope this helps.

Cynic
Expat Team

Just to add; I've just read your other posts regarding trying to get married in Romania to a Syrian refugee; you definitely need to speak to a lawyer; there is so much here that can go wrong.

Hi Cynic, this is what someone else replied on this topic from another forum:

https://www.immigrationboards.com/posti … cf413bb0a3

But, in any case, is 180 days the total number for allowed absences in one year or in all 5 years???

For example, from what I know, in Romania, to get citizenship (for a foreigner), you need to spend 5 years, time in which you are allowed to spend 10 months in total outside of the country but not more than 6 months in any given year.

Having spent only 2 weeks outside of the UK in the first 4 years, does that leave me with 5 months and a half in the fifth year or how does it work?

About my girlfriend and the fact that we want to get married, she is not a refugee yet as she has just started her visit visa and, yes, we also consult lawyers in the same time as we write on these forums but I have gotten double crossed by immigration lawyers not once but twice until I got my girlfriend in Romania.

Here is what someone said in this regard:

https://www.immigrationboards.com/europ … l#p1659946

Kind regards,
Nick

It's 180 days in a 12 month period; you can't bank one year's allowance to use the next year.

As for the rest of it, you've chosen probably the most difficult EU country to try and bring a non-EU citizen into, let alone a refugee for who you probably won't have the evidence to prove a lasting relationship.  With Brexit coming next year and the ever increasing possibility of no-deal between the UK and the EU.  I've been involved with regulatory matters for years and I honestly have no idea where even to start.

I'm thinking that assuming your girlfriend has a legitimate passport (not a refugee one), that a fiancee visa to join you in the UK may be the best way.

Hi Cynic, I understand the 180 days thing which works differently in the UK apparently.

My girlfriend has a new Syrian passport and not a refugee one. All documents are new and clean. We have pictures, plane tickets etc., online conversations to prove what we need to prove.

Last year we got rejected by the UK on the grounds that she might claim asylum at the end of the 6 months fiancee visa... what do you suggest regarding this one though?

Why is Romania so difficult? Romania accepted my invitation I made for her and accepted her visit visa application, which is a multiple entry one.

In any case, Syria is the way it is and many Syrian citizens apply for asylum once here or anywhere else anyway... and not just Syrian citizens that arrive in the EU (I refer only at EU as EU is where I am from).

The problem is that celibacy certificate that I cannot get from Syria for her because she is Muslim (only by birth certificate) and I am Christian.

Someone else suggests I get married in another country where it is not required. What country would allow us to do that and give us a valid marriage certificate that we can use wherever we are?

As a refugee she would not need that celibacy document... there is a lot to talk here but what I wrote here is basically what I am working on at the moment as we have already been through a long process of learning and making ends meet.

What else can you comment on the above to guide me please?

Kind regards,
Nick

Hi and welcome back.

I think someone is getting confused; it is true that a UK fiancee visa is only valid for 6 months, during that time you have to get married.  At the end of the 6 months, you then apply to extend your stay; this link explains the process.  Why would she then apply for asylum when she is married to you, it makes no sense for UK Immigration to think this?  Did you appeal the decision?

Hope this helps.

Cynic
Expat Team

Hi Cynic, we did all we could but the UKVI thought that things could go wrong and she could end up asking for asylum given the situation from Syria. I read of a lot of people from Syria having been rejected just because they were Syrian citizens (even important, popular people... there are a lot of articles online).

And no, we were not given the right to make any appeal.

I don't even know if I can try that now while she is on a visit visa in Romania (with multiple entry which is a good thing).

Kind regards,
Nick

Hi and welcome back.

To be honest; this is so complicated, that I don't think anybody on here will be able to relate to it or advise you accordingly.  You will have the same issue regarding the celibacy certificate if you try to marry in the UK.

Now, this may sound mad, but how about Las Vegas?  While a lot of people do the Elvis wedding as a bit of a  joke, it is possible to get properly married there and they don't ask for celibacy certificates.  You will need to get there a few days early to go to the Clark County Marriage Bureau to get a wedding licence, then after the event, go and get a certified copy of your marriage certificate from the County Clerk's Office ($15) and an Apostille from the Nevada Secretary of State ($20).  If that works, then you will have got past the wedding obstacle.  You'll need to do the research to make sure it works for you, but it's all I can think of to help.

Hope this helps.

Cynic
Expat Team

Vegas yes I know, I read about this online.

Is that even legit? There are so many stories... But we would need visa to get there anyway.

I am searching for countries that we can both visit without visas and that not require a long time in terms of residency and also do not require that letter of no impediment.

For example, Dominica seems to be a country that could provide us with all these things.

What other thoughts do you have in this regard?

Kind regards,
Nick

Vegas - yes, it's an extreme, but your whole case is extreme and I genuinely don't think you will get into the UK to do it (having been rejected once, you're now on the radar); your work to get Indefinite Leave to Remain in the UK will also be jeopardised if you fall outside the residence requirements we've previously discussed.  Your girlfriend can apply for a US visa in Romania.

An ex-colleague of mine was married in Vegas, they were both Brits and the document got accepted in the UK; I can't talk for other examples.

Hi Cynic, 'radar' is a strong word. Basically, at that time we had never met before and the application was rejected because of 2 reasons: the fact we had never met and the asylum problem I mentioned in a previous post. We were simply advised to change our circumstances (see each other etc.) in order to improve the chances of acceptance.

About Vegas, I will read more about it.

Regarding ILR, I understand now that I have no more than 6 months to be outside the UK in this last year (as in any other previous year but that is in the past) before I can apply for ILR. Please correct me if I am wrong here.

Kind regards,
Nick

Hi Nick,

Radar is appropriate but I'm not suggesting they are now watching you.  The fact is that you've been rejected and that will flag on your records the next time you apply.   The next time you apply, you need to make absolutely certain that you have accurately answered any questions and 100% rectified the matters for whatever reason you were previously rejected.

With regard to ILR, that's about right.  My advice would be that if ILR is important to you, then focus on that because external factors (Brexit) may impact on that.

I wish you and your fiancée the best of luck in your journey.

Hope this helps.

Cynic
Expat Team