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ILR vs spouse visa extension

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britspouse15
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ILR vs spouse visa extension

Post by britspouse15 » Fri Jun 28, 2019 9:37 pm

Hi all,

First post here - would be massively grateful for any help.

My wife is applying for an extension to her spouse visa (she is Jordanian and I am British) but I have been researching and think that she may actually be able to apply for ILR. Please let me know what you think:

- we got married on 10 July 2014
- her spouse visa was granted on 6th August 2014 (valid till 6th May 2017)
- she came to the UK on 14th September 2014
- holiday 7th March 2015 till 31st March 2015 (24 days)
- holiday 26th May 2015 till 4th July 2016 (425 days)
- holiday 17th August 2016 till 14/9/2016 (27 days)
- holiday 13th February 2017 till 26th February 2017 (13 days)
- renewed spouse visa on 2/5/2017 (valid till 6th November 2019)
- holiday 15th July 2017 till 16th August 2017 (30 days)
- holiday 6th January 2018 till 21st January 2018 (15 days)
- holiday 15th April 2018 till 30th April 2018 (15 days)
- holiday 27th July 2018 till 16th September 2018 (51 days)
- holiday 14th April 2019 till 30th April 2019 (16 days)

We aim to apply to UKVI on 6th August 2019 = Exactly 5 years since the first spouse visa was granted
Total days absent from UK over last 5 years = 631 (which is average 126 per year).
What do you all think? Would an application for ILR be approved? Or do we need to apply for another spouse visa extension? My main concern is regarding the 425 day absence between 26th May 2015 till 4th July - but the rules (to me atleast) aren't that clear if we can average this over the five years.

Any help or advice would be massively appreciated. We are really struggling to make any headway with the rules and just want to make sure we are applying for the right thing... be it another spouse visa extension or ILR.

Thank you all and apologies if I'm not making much sense.

Mike

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Re: ILR vs spouse visa extension

Post by CR001 » Fri Jun 28, 2019 9:39 pm

We aim to apply to UKVI on 6th August 2019 = Exactly 5 years since the first spouse visa was granted
Its too early to apply then. Her residence clock for ilr starts from the date she entered the UK so she can apply no sooner than within 28 days before 14 September 2019.

Her absences are irrelevant if she holds a spouse settlement visa for 5 years.
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Re: ILR vs spouse visa extension

Post by britspouse15 » Fri Jun 28, 2019 9:53 pm

CR001 wrote:
Fri Jun 28, 2019 9:39 pm
We aim to apply to UKVI on 6th August 2019 = Exactly 5 years since the first spouse visa was granted
Its too early to apply then. Her residence clock for ilr starts from the date she entered the UK so she can apply no sooner than within 28 days before 14 September 2019.

Her absences are irrelevant if she holds a spouse settlement visa for 5 years.
Thank you so much for the reply.

I must say this sounds very promising but I haven't come across that anywhere in my research. I thought it had to be <180 day absence per year/ rolling average over 5 years.

Also I thought that the period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period?

I am very happy to be wrong as you have given me a lot of hope!

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Re: ILR vs spouse visa extension

Post by CR001 » Fri Jun 28, 2019 10:09 pm

I thought it had to be <180 day absence per year/ rolling average over 5 years.

Also I thought that the period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period?
These two issues ONLY apply to the PBS (point based system) work permit visas for main visa holders and PBS dependents. It does not apply to spouse settlement visas.
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Re: ILR vs spouse visa extension

Post by britspouse15 » Sat Jun 29, 2019 6:11 pm

CR001 wrote:
Fri Jun 28, 2019 10:09 pm
I thought it had to be <180 day absence per year/ rolling average over 5 years.

Also I thought that the period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period?
These two issues ONLY apply to the PBS (point based system) work permit visas for main visa holders and PBS dependents. It does not apply to spouse settlement visas.
Thank you so much CR001 for the reply.

I had looked all over the gov.uk website to find details RE: absences but I couldn't (and still can't) find anything. Is there something I am missing?

We were on the verge of applying for another extension but will now apply for ILR thanks to you.

Very grateful!

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Re: ILR vs spouse visa extension

Post by CR001 » Sat Jun 29, 2019 6:13 pm

I had looked all over the gov.uk website to find details RE: absences but I couldn't (and still can't) find anything. Is there something I am missing?
You won't find it as there is no absence limit or restriction for spouse settlement visa holders. If there was a restriction, the immigration rules would state them, but they don't as there isn't.
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Re: ILR vs spouse visa extension

Post by vinny » Sun Jun 30, 2019 2:04 am

See also the guidance relating to time spent outside the UK for spouses under Appendix FM.
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Re: ILR vs spouse visa extension

Post by britspouse15 » Mon Jul 01, 2019 7:19 pm

CR001 wrote:
Sat Jun 29, 2019 6:13 pm
I had looked all over the gov.uk website to find details RE: absences but I couldn't (and still can't) find anything. Is there something I am missing?
You won't find it as there is no absence limit or restriction for spouse settlement visa holders. If there was a restriction, the immigration rules would state them, but they don't as there isn't.
Thank you. She is sitting the B1 life skills and knowledge of life exam this weekend so lots of revision ahead. We intend to apply for a super priority service as we were planning to travel end of August. If the application for ILR is accepted do you know if they would keep her passport with the application or would it be returned to her on the same day?

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Re: ILR vs spouse visa extension

Post by CR001 » Mon Jul 01, 2019 7:21 pm

If the application for ILR is accepted do you know if they would keep her passport with the application or would it be returned to her on the same day?
They don't take the original documents. However you cannot travel while an application for ilr is pending either.
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Re: ILR vs spouse visa extension

Post by britspouse15 » Mon Jul 01, 2019 7:58 pm

CR001 wrote:
Mon Jul 01, 2019 7:21 pm
If the application for ILR is accepted do you know if they would keep her passport with the application or would it be returned to her on the same day?
They don't take the original documents. However you cannot travel while an application for ilr is pending either.
So theoretically if we attended for the super priority service on 17th August (Saturday - which is exactly 5 years minus 28 days since her first entry to UK), then a decision should be made and dispatched by Tuesday 20th.

Do you think a flight on Saturday 24th would be too soon?

Sorry for the random question - just trying to plan finances, life and kids all in one.

EDIT: I guess I'm wondering if you know how long they take to actually dispatch the residence permit/ type of postal service they use?

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Re: ILR vs spouse visa extension

Post by CR001 » Mon Jul 01, 2019 8:08 pm

The biometric card takes 7 to 10 days, working days, delivered by DX courier.
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Re: ILR vs spouse visa extension

Post by britspouse15 » Mon Jul 01, 2019 9:48 pm

CR001 wrote:
Mon Jul 01, 2019 8:08 pm
The biometric card takes 7 to 10 days, working days, delivered by DX courier.
In that case is there any way of knowing if the application has been accepted (i.e. no longer pending) sooner? Or will we only know once the residence permit/ letter arrives via post after 7-10 days?

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Re: ILR vs spouse visa extension

Post by CR001 » Mon Jul 01, 2019 9:54 pm

You will likely get an email. But you should not travel till you have the ilr brp card.
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Re: ILR vs spouse visa extension

Post by britspouse15 » Mon Jul 01, 2019 10:03 pm

CR001 wrote:
Mon Jul 01, 2019 9:54 pm
You will likely get an email. But you should not travel till you have the ilr brp card.
Thank you for all your help, we massively appreciate it.

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Re: ILR vs spouse visa extension

Post by britspouse15 » Mon Jul 15, 2019 7:29 pm

Hi,

I'm back - 2 weeks later and my wife has passed her Life in the UK and B1 English exam.

I've complete the application online but wondered if anyone could clarify how we should answer these questions:

1. Time lived in the UK --> technically she has lived in the UK for 4 years and 10 months (if we applied today) [her initial entry was 14/09/2014 as stated above]. Is that ok, or does it have to be 5 years before we apply?

2. Absence details --> I was under the impression that absences didn't matter for SET (M) application. Are they just wondering for curiousity sake?

3. Spouse / partner details - Have you lived with your partner permanently in the UK since being granted temporary leave as a partner?
--> How do we answer this question based on the absences in my opening post?

Many thanks again,
M

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Re: ILR vs spouse visa extension

Post by CR001 » Tue Jul 16, 2019 10:08 am

1. Time lived in the UK --> technically she has lived in the UK for 4 years and 10 months (if we applied today) [her initial entry was 14/09/2014 as stated above]. Is that ok, or does it have to be 5 years before we apply?
When exactly do you plan on applying, submitting and paying online?? If you apply too early, ILR will be refused. You were already advised about this.
2. Absence details --> I was under the impression that absences didn't matter for SET (M) application. Are they just wondering for curiousity sake?
There is no absence limit but you do need to state what absences she has had. HO want to be sure she has not be living abroad and only visiting the UK for a couple of months per year for example.
3. Spouse / partner details - Have you lived with your partner permanently in the UK since being granted temporary leave as a partner? --> How do we answer this question based on the absences in my opening post?
You simply answer yes. HO won't hold it against her for travelling.
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Re: ILR vs spouse visa extension

Post by britspouse15 » Tue Jul 16, 2019 9:12 pm

CR001 wrote:
Tue Jul 16, 2019 10:08 am
1. Time lived in the UK --> technically she has lived in the UK for 4 years and 10 months (if we applied today) [her initial entry was 14/09/2014 as stated above]. Is that ok, or does it have to be 5 years before we apply?
When exactly do you plan on applying, submitting and paying online?? If you apply too early, ILR will be refused. You were already advised about this.
2. Absence details --> I was under the impression that absences didn't matter for SET (M) application. Are they just wondering for curiousity sake?
There is no absence limit but you do need to state what absences she has had. HO want to be sure she has not be living abroad and only visiting the UK for a couple of months per year for example.
3. Spouse / partner details - Have you lived with your partner permanently in the UK since being granted temporary leave as a partner? --> How do we answer this question based on the absences in my opening post?
You simply answer yes. HO won't hold it against her for travelling.
Thank you for the reply.

We aim to submit online & pay for the super priority this weekend and book the actual appointment for Saturday 17th August (which is 28 days prior to her first entry to UK). Is that the right thing to do?

So should we answer 4 years and 11 months for time lived in UK? - are they going to decline the application because it's not 5 years?

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Re: ILR vs spouse visa extension

Post by CR001 » Tue Jul 16, 2019 9:14 pm

No, it is too early to apply. You must only apply online and submit when you are within the 28 days before 5th anniversary of the date of entry.

The date of application is the date you submit and pay online and not the date of your sopra appointment.
CR001 wrote:
Fri Jun 28, 2019 9:39 pm
We aim to apply to UKVI on 6th August 2019 = Exactly 5 years since the first spouse visa was granted
Its too early to apply then. Her residence clock for ilr starts from the date she entered the UK so she can apply no sooner than within 28 days before 14 September 2019.

Her absences are irrelevant if she holds a spouse settlement visa for 5 years.
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Re: ILR vs spouse visa extension

Post by britspouse15 » Sat Aug 17, 2019 3:02 pm

CR001 wrote:
Tue Jul 16, 2019 9:14 pm
No, it is too early to apply. You must only apply online and submit when you are within the 28 days before 5th anniversary of the date of entry.

The date of application is the date you submit and pay online and not the date of your sopra appointment.
CR001 wrote:
Fri Jun 28, 2019 9:39 pm
We aim to apply to UKVI on 6th August 2019 = Exactly 5 years since the first spouse visa was granted
Its too early to apply then. Her residence clock for ilr starts from the date she entered the UK so she can apply no sooner than within 28 days before 14 September 2019.

Her absences are irrelevant if she holds a spouse settlement visa for 5 years.
Thank you.

She entered the UK on the 14th August 2019; we are applying online today - is that correct or do I have to apply tomorrow? Sorry my maths is awful.

Going back to my previous post then:

1. Time lived in the UK --> this is now 4 years 11 months. Is that how I should answer this question?

Thanks again. Really really grateful for all the help so far.

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Re: ILR vs spouse visa extension

Post by CR001 » Sat Aug 17, 2019 3:05 pm

Your other posts say September as date if entry?
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