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When to Apply - Timelines

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hardraj
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Posts: 33
Joined: Fri Aug 11, 2006 1:35 pm

When to Apply - Timelines

Post by hardraj » Mon Apr 11, 2016 12:57 pm

Hello Folks,

I have a question.

My wife is currently on a spouse visa. She is dues for an extension. However I wanted to check with you when I should do this application so as to allow for the ILR without having to apply for an extension again.

She was granted the initial visa on: 03/OCT/2013 to Expire on 03/07/2016...

So 28 days before expiry is 3/June/2016

She Came into the UK on 02/JAN/2014

Now I know she needs to have stayed for 5 years -28 days before application for the ILR. Is this calculated from the date of entry to the UK or the Date of Visa being given?

Because if from date of Entry this would mean that she completes her 5 year stay on 1/Jan/2018 which would mean the earliest i can apply is 4th December 2017 (-28 days).

I believe that the Visa extension is granted for 2 and a half years... which would mean that for me to have a valid visa to cover that period it needs to be issued on 1st July 2016 (-2 and a half years from ILR applicable)... however her visa expires on 3rd July 2016 (which is a sunday!)...

So what would you suggest...?

I would really appreciate any help.

Thanks

hardraj
Newbie
Posts: 33
Joined: Fri Aug 11, 2006 1:35 pm

Re: When to Apply - Timelines

Post by hardraj » Mon Apr 11, 2016 1:22 pm

APOLOGIES INCORRECT DATES... below are correct dates:

Hello Folks,

I have a question.

My wife is currently on a spouse visa. She is dues for an extension. However I wanted to check with you when I should do this application so as to allow for the ILR without having to apply for an extension again.

She was granted the initial visa on: 03/OCT/2013 to Expire on 03/07/2016...

So 28 days before expiry is 3/June/2016

She Came into the UK on 02/JAN/2014

Now I know she needs to have stayed for 5 years -28 days before application for the ILR. Is this calculated from the date of entry to the UK or the Date of Visa being given?

Because if from date of Entry this would mean that she completes her 5 year stay on 2/Jan/2019 which would mean the earliest i can apply is 5th December 2018 (-28 days).

I believe that the Visa extension is granted for 2 and a half years... which would mean that for me to have a valid visa to cover that period it needs to be issued on 2nd July 2016 (-2 and a half years from ILR applicable)... however her visa expires on 3rd July 2016 (which is a sunday!)...

Unless of course I just need a visa to take me to the 28 day window of ILR application... which would mean a visa issued anytime after 5th June 2016 should suffice...?

So what would you suggest...?

I would really appreciate any help.

Thanks

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CR001
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Re: When to Apply - Timelines

Post by CR001 » Mon Apr 11, 2016 7:13 pm

It is calculated from date of entry.

You should ideally apply closer to the expiry date if you are applying in person.

If you apply by post, the new visa issue date will be when the application is decided. It does not just run of from the current expiry date.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hardraj
Newbie
Posts: 33
Joined: Fri Aug 11, 2006 1:35 pm

Re: When to Apply - Timelines

Post by hardraj » Tue Apr 12, 2016 7:34 am

Thanks Char,

Just a question if you dont mind. If the 5 year date is 2nd Jan 2019 but the extension of the visa gives a Visa that is only valid until Decmber 25th 2018 what happens... can I still apply if I am in the 28 day window despite the Extended Visa no longer being valid to the 2nd of Jan 2019?

Thanks

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: When to Apply - Timelines

Post by CR001 » Tue Apr 12, 2016 8:05 am

can I still apply if I am in the 28 day window despite the Extended Visa no longer being valid to the 2nd of Jan 2019?
Yes, as the rules stand at present.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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