Immigrationboards.com - Archive

Author	Post
levent Junior Member Member # 7438	Posted January 12, 2004 01:45 PM hi I want to ask you last year I married in turkey and my wife came here last year she gor one year visa as a spouse of me I m British citizen she's visa ndin on 7th feb 2004 on it was one year visa,my vife got visa on 7th feb 2003 but she entered uk on 30th march 2003 and today on 12jan/2004 I hav been in home office to apply for indefinate to remain in uk for my wife but officer told me they ignore the visa's expire date they said that they ount it from entry date and told me to come in march but than my wife's visa will be end and she will stay here illegaly what can I do and is that rigt decision ha h homeofice officer told me thak you very much hope to hear your answer yours sincereley
Kayalami Member Member # 5984	Posted January 16, 2004 04:24 PM 1. Probation visas issued before 1 April 2003 i.e 31 March 2003 and before are valid for 12 months. 2. Towards the end of the probation period but before the EXPIRY of the probation visa the applicant can apply for Indefinite Leave To Remain in the UK. An application for ILR can be made up to 4 weeks before the expiry of the probation visa. 3. However the Home Office have confirmed that they will also consider the period of time the applicant has been in the UK. Where an applicant delays their entry into the UK on a spouse visa they must make up the time before the ILR can be applied for. Since your wife entered the UK in 30 March 2003 her 12 months are to 30 March 2004 so the earliest she can apply is 30 February where as you correctly state her probation visa would have expired and she would be out of status. 4. You 1st option option is to submit an FLR (M) form in person at a Public Enquiry Office as soon as possible and of course before the 7th Feb (which is a Saturday so get there by the 6th) to extend the probation period. Make sure you include a letter to the effect that this is to cover the relevant period of time required to give your wife 12 mths physical residence in the UK and is not a substitute for ILR application which you intend to make when the 12 mths requirement is made. 5. Alternatively you can send a SET (M) form i.e. application for ILR on or around the 4th of February by Special Delivery. Postal applications get sent to the fee processing centre in the West Midlands which takes about a week then forwarded to Croydon which buys you another week. Your file will then be in Croydon for at least 3 weeks waiting for a caseworker to review it bringin you up to the end of February. This route saves you making two quite expensive applications and gets your wife ILR earlier. 6. You will get faster responses to your queries relating to UK immigration by posting on the UK immigration board. Good Luck [ January 16, 2004: Message edited by: Kayalami ] -------------------- ---audi alteram partem---

Author

Post

levent
Junior Member
Member # 7438

Posted January 12, 2004 01:45 PM

hi I want to ask you
last year I married in turkey and my wife came here last year she gor one year visa as a spouse of me I m British citizen
she's visa ndin on 7th feb 2004 on it was one year visa,my vife got visa on 7th feb 2003 but she entered uk on 30th march 2003
and today on 12jan/2004 I hav been in home office to apply for indefinate to remain in uk for my wife but officer told me they ignore the visa's expire date they said that they ount it from entry date and told me to come in march
but than my wife's visa will be end and she will stay here illegaly
what can I do and is that rigt decision ha h homeofice officer told me
thak you very much
hope to hear your answer
yours sincereley

Kayalami
Member
Member # 5984

Posted January 16, 2004 04:24 PM

1. Probation visas issued before 1 April 2003 i.e 31 March 2003 and before are valid for 12 months.

2. Towards the end of the probation period but before the EXPIRY of the probation visa the applicant can apply for Indefinite Leave To Remain in the UK. An application for ILR can be made up to 4 weeks before the expiry of the probation visa.

3. However the Home Office have confirmed that they will also consider the period of time the applicant has been in the UK. Where an applicant delays their entry into the UK on a spouse visa they must make up the time before the ILR can be applied for. Since your wife entered the UK in 30 March 2003 her 12 months are to 30 March 2004 so the earliest she can apply is 30 February where as you correctly state her probation visa would have expired and she would be out of status.

4. You 1st option option is to submit an FLR (M) form in person at a Public Enquiry Office as soon as possible and of course before the 7th Feb (which is a Saturday so get there by the 6th) to extend the probation period. Make sure you include a letter to the effect that this is to cover the relevant period of time required to give your wife 12 mths physical residence in the UK and is not a substitute for ILR application which you intend to make when the 12 mths requirement is made.

5. Alternatively you can send a SET (M) form i.e. application for ILR on or around the 4th of February by Special Delivery. Postal applications get sent to the fee processing centre in the West Midlands which takes about a week then forwarded to Croydon which buys you another week. Your file will then be in Croydon for at least 3 weeks waiting for a caseworker to review it bringin you up to the end of February. This route saves you making two quite expensive applications and gets your wife ILR earlier.

6. You will get faster responses to your queries relating to UK immigration by posting on the UK immigration board.

Good Luck

[ January 16, 2004: Message edited by: Kayalami ]

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---audi alteram partem---