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ILR or FLR after Spouse visa?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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paulseb
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Joined: Mon Feb 15, 2010 7:26 pm

ILR or FLR after Spouse visa?

Post by paulseb » Mon Feb 15, 2010 7:52 pm

My wife [HK chinese] arrived in the UK 2 weeks after the date on her 2-year Spouse visa [obtained in HK.]. Does this shortfall of 2 weeks mean she just fails to qualify for the 2-year probation period and so can't apply for ILR? The two passages below are from the UKBA website and SET[M]Form guidance and have driven me nuts with confusion! Any ideas very welcome! Critical point seems to be 'spouse visa issued abroad'.

1] If the spouse visa was obtained overseas, you can submit an application for indefinite leave to remain 23 months after entering the UK. However, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you should submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.
If you delayed your travel by more than 3 months, you will need to submit an FLR(M) application.

[Below: SET[M] guidance]
2] QUALIFYING FOR INDEFINITE LEAVE TO REMAIN To qualify for indefinite leave to remain in one of the categories for which you must use form SET(M), you must satisfy the requirements set out in Part 8 of the Immigration Rules, which are on our website. One of the requirements is that you have to complete 2 years’ leave to enter or remain as the partner of the person named in your application. That period runs from - the date on which you entered the UK with a visa in the relevant category; :(

geriatrix
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Location: does it matter?

Post by geriatrix » Mon Feb 15, 2010 8:27 pm

Please provide date of entry in UK and expiry date of the visa (as mentioned on the visa).

regards

kamalin10
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Joined: Fri Jan 08, 2010 5:25 pm

Post by kamalin10 » Mon Feb 15, 2010 8:30 pm

you can apply 28 days before 2 years of arrival to the UK - so it covers those 2 weeks she missed.
i also (not on spouse visa) arrived 2 weeks after my visa was stamped and i can apply 28 days before date of arrival - which means only 14 days before my visa expiry date.

also you can post her application just before her visa expires and it will be with HO untill she qualifies. just make sure that her application does not reach HO prior those 28 day of her qualifing date (from arrival!)

hope it's clear and that's what i know.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Feb 15, 2010 8:32 pm

Also paulseb, has your wife already passed the Life in the UK Citizenship test? Or has she still got that "pleasure" to come?
John

paulseb
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Joined: Mon Feb 15, 2010 7:26 pm

ILR or FLR

Post by paulseb » Mon Feb 15, 2010 9:39 pm

Thanks for the replies.
She entered UK 15/5/2008, spouse visa runs out 1/5/2010.
She's passed the UK test [actually unnecessarily I think because we now have a baby.
One further question: I remember seeing an agency advertized on the UKBA site which checked applications for a fee of about £40. But I can no longer find it. ???
Isn't the application not more than 28 days before date of expiry, rather than arrival?
Thanks again.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Feb 15, 2010 10:14 pm

She's passed the UK test [actually unnecessarily I think because we now have a baby.
The baby makes no difference, so the pass certificate from the Life in the UK Citizenship test is very necessary. Without it she could not apply for ILR.
She entered UK 15/5/2008, spouse visa runs out 1/5/2010.
The ILR application can be made no earlier than 28 days before the 2nd anniversary of the date of entering the UK = 17.04.10 ..... and no later than the date of expiry of the current visa = 01.05.10.
One further question: I remember seeing an agency advertized on the UKBA site which checked applications for a fee of about £40. But I can no longer find it. ???
I think you are talking about NCS, but that is for checking Naturalisation applications, not ILR applications. There is no "£40 checking" of ILR applications.
John

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