Applying for ILR on SET(M)

My wife was issued with a spouse visa (outside the UK) on 01 April 2008 and arrived in the UK on 11 April 2008. We have an premium service appointment at PEO Croydon for SET(M) ILR on 08 March 2010. Are we correct to attend this appointment as its within the 28 day period before expiry of her spouse visa on 01 April 2010. OR does the 28 day period apply to the 2 year anniversay of her entry into the UK on 11 April 2010, in which case we will be too early as it will be 34 days and not 28 before that date????
I hope I have made myself clear???

28 days apply to the 2 year anniversary of her entry into the UK

Have a look at this

UKBA - Completing application form SET(M) wrote:Please do not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.

And it doesn't stay applications made at PEO are exempted from this criteria. If I were you I would rearrange the appointment sometime after 14 March 2010 and before the expiry of the visa.

Thanks Danbrix,
Had a feeling this was the case. It's only 6 days outside the 28 day period, but I suppose it may as well be 6 weeks? Tried contacting HO by phone to verify but it's murder getting through to a human being. Tried re-arranging another appointment but nothing available.......yet????............I'll keep trying!!!!

oooh sorry to jump in but same subject. Hub Spouse visa expires 5 May 2010, but his 'entry' anniversary is 15 June. Do we have to apply for FLR? A Moderator on another website has advised we can apply up to 28 days prior to 5 May, but there's more than a 28 day gap?

giz wrote:My wife was issued with a spouse visa (outside the UK) on 01 April 2008 and arrived in the UK on 11 April 2008. We have an premium service appointment at PEO Croydon for SET(M) ILR on 08 March 2010. Are we correct to attend this appointment as its within the 28 day period before expiry of her spouse visa on 01 April 2010. OR does the 28 day period apply to the 2 year anniversay of her entry into the UK on 11 April 2010, in which case we will be too early as it will be 34 days and not 28 before that date????
I hope I have made myself clear???

3crown wrote:Do we have to apply for FLR?

Yes.

regards

pants Thanks..

sushdmehta wrote:

3crown wrote:Do we have to apply for FLR?

Yes.

regards

sushdmehta wrote:

3crown wrote:Do we have to apply for FLR?

Yes.

regards

I believe you can apply for set (M). Have a look at this

UKBA-Applying to settle in the UK as a partner wrote:Applying to settle here if you delayed your entry to the UK

If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by up to three months, you can apply to live here permanently using application form SET(M) shortly before your permission to enter ends. As long as you meet the other requirements of the rules, we will put your application on hold until you have completed your two-year qualifying period in the UK.

.

Contradicts the following statement published on UKBA website:

Completing application form SET(M) wrote:Please do not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.

If you delayed your journey to the UK by weeks or months after the date you received your permission to enter, that permission will expire before the end of your two-year qualifying period. You may need to apply to extend your visa using application form FLR(M) before you can apply for settlement.

In light of this, my personal suggestion would be that clarification should be sought from UKBA directly.

regards

Thank you - at the time his Visa was issued, they were standard 24 month issues, now I understand there is some concession on ILR applications as standard Spouse Visa issueis now 28 months is that correct ??

sushdmehta wrote:Contradicts the following statement published on UKBA website:

Completing application form SET(M) wrote:Please do not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.

If you delayed your journey to the UK by weeks or months after the date you received your permission to enter, that permission will expire before the end of your two-year qualifying period. You may need to apply to extend your visa using application form FLR(M) before you can apply for settlement.

In light of this, my personal suggestion would be that clarification should be sought from UKBA directly.

regards

3crown wrote:Thank you - at the time his Visa was issued, they were standard 24 month issues, now I understand there is some concession on ILR applications as standard Spouse Visa issueis now 28 months is that correct ??

sushdmehta wrote:Contradicts the following statement published on UKBA website:

Completing application form SET(M) wrote:Please do not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.

If you delayed your journey to the UK by weeks or months after the date you received your permission to enter, that permission will expire before the end of your two-year qualifying period. You may need to apply to extend your visa using application form FLR(M) before you can apply for settlement.

In light of this, my personal suggestion would be that clarification should be sought from UKBA directly.

regards

Yes that is my understanding as well. Except that it is 27 months.

sushdmehta wrote:Contradicts the following statement published on UKBA website:

Completing application form SET(M) wrote:Please do not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.

If you delayed your journey to the UK by weeks or months after the date you received your permission to enter, that permission will expire before the end of your two-year qualifying period. You may need to apply to extend your visa using application form FLR(M) before you can apply for settlement.

In light of this, my personal suggestion would be that clarification should be sought from UKBA directly.

regards

it doesn't conradict with anything as it's only "You may need to apply "

post it before visa expiry date, attach explanation and extract from UKBA website and wait.

thank you all..think I've got the picture now.

kamalin10 wrote:

sushdmehta wrote:Contradicts the following statement published on UKBA website:

Completing application form SET(M) wrote:Please do not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.

If you delayed your journey to the UK by weeks or months after the date you received your permission to enter, that permission will expire before the end of your two-year qualifying period. You may need to apply to extend your visa using application form FLR(M) before you can apply for settlement.

In light of this, my personal suggestion would be that clarification should be sought from UKBA directly.

regards

it doesn't conradict with anything as it's only "You may need to apply "

post it before visa expiry date, attach explanation and extract from UKBA website and wait.

All,
I called the HO today and got it from the "horses mouth" so to speak.

In my case, my wifes application for ILR on SET(M) needs to be submitted 28 days (no earlier) before her 2 year qualifiying period ends. She entered the UK on 11th April 2008 so naturally her qualifying period ends on 11th April 2010. Therefore the earlist date she can apply for ILR is 14th March.
That's 28 days from 14th March - 11th April.

The mistake I made initially was to calculate the 28 days based on her visa dates. She obtained her spouse visa on 1st April 2008, so I rightly knew that this 2 year visa expires on the 1st April 2010. This is where I slipped up. I worked out the earliest she could apply was on 5th March. Thats 28 days from 5th March - 1st April........ WRONG

The nice lady at the Home Office confirmed that the 28 day period is based on the 2 year anniversary of first entry into the UK. (in my wifes case the 11th April) and NOT on the visa issue date.

Hope this makes sense

Danbrix has given correct advice regarding applying for ILR when there is a significant gap between visa issue date and entry into the UK. This option is only available for postal applications not at a PEO. The application is held on file until the qualifying date for processing. FLR is no longer necessary.

giz wrote:My wife was issued with a spouse visa (outside the UK) on 01 April 2008 and arrived in the UK on 11 April 2008. We have an premium service appointment at PEO Croydon for SET(M) ILR on 08 March 2010. Are we correct to attend this appointment as its within the 28 day period before expiry of her spouse visa on 01 April 2010. OR does the 28 day period apply to the 2 year anniversay of her entry into the UK on 11 April 2010, in which case we will be too early as it will be 34 days and not 28 before that date????
I hope I have made myself clear???

I dont know who is right or wrong. I can give you my example. My spouse visa was issued on 17/02/2008 and expiring on 12/03/2010.

I contacted Home Office for 12th feb appointment by phone ( exactly 28 days in advance before expiry of my visa ) they advised I must wait and apply on or after 17/03/2010. They further advised I'll loss whole day and will be return without submitting application ( after security check at Home office croydon next stage is form and documents checking, they return the applicant if they apply more than 28 days in advance or have missing documents).

I went on 17/02/2010 and got ILR (under SET-M).

Over to you guys.........

Tim,
Got in touch with HO and they put me right. Have now got appointment at Croydon PEO on 17th March, within 28 days of my wifes 2yr anniversary of entry into UK.
I'm now "street legal"

Giz

giz wrote:Tim,
Got in touch with HO and they put me right. Have now got appointment at Croydon PEO on 17th March, within 28 days of my wifes 2yr anniversary of entry into UK.
I'm now "street legal"

Giz

Great.

Make sure you have all required documents and be there 30 to 40 mins before appointment.

Wish you good luck

Tim,
Noted,thanks for all the advice & guidance, I'm sure it will all go smoothly?

Giz