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Apply early for ILE asking for post dated visa date?

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walker101
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Apply early for ILE asking for post dated visa date?

Post by walker101 » Tue Jun 08, 2010 7:00 pm

Hello All,

I would appreciate some help in checking my thoughts below in relation to applying for ILE for my wife.


Some very quick background, my wife and I live and work in the US. I am an UK citizen and my wife is not. I have been told that I am going to be made redundant from work in about two months, around September time. In mid November my wife and I will have been married for four years and have lived all that time outside of the UK.

My thinking is that if we were to make the move to the UK it would make sense to apply for Indefinite leave to Enter for my wife. Which would mean that she wouldn't have her visa till mid November at the earliest.

So what I was thinking is that in the next month or two go to the UK and take the KoL test. On arriving back to the US, apply for the visa asap but within the 3months before the planned travel date and ask for the visa to be post dated to a date after mid November.

Does that make sense?

The idea would be that we wouldn't be hanging around for another 2-3 months or so after Nov waiting for visa processing, now that the expidited process is no longer available.

It sounds like a winner to me, but I'm a little weary about apply for the ILE before we actually qualify for it and asking for the visa date to be post dated for a date when we would. Is this possible?

Thanks.

djb123
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Post by djb123 » Tue Jun 08, 2010 7:47 pm

Think you are taking a risk as you aren't asking for the visa to be post-dated as such (which would be something normal to ask for). I guess if the eco is in a very happy mood you may get away with it. The risk is they will give your wife a 2 year spouse visa instead, which you might not be happy with.

The other thing is do you currently meet the requirements for a settlement visa in terms of financial and accomodation?

walker101
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Joined: Tue Jun 08, 2010 6:55 pm

Re: Apply early for ILE asking for post dated visa date?

Post by walker101 » Tue Jun 08, 2010 9:20 pm

walker101 wrote:.....So what I was thinking is that in the next month or two go to the UK and take the KoL test. On arriving back to the US, apply for the visa asap but within the 3months before the planned travel date and ask for the visa to be post dated to a date after mid November.....


.....It sounds like a winner to me, but I'm a little weary about apply for the ILE before we actually qualify for it and asking for the visa date to be post dated for a date when we would. Is this possible?.....




Hello djb123,

Thanks for the response. My plan was to ask for the visa to be post dated to after we had been married for the the full four years and been out of the UK, just that the application would have been made a little before the full four years qualification.

Am I not understanding your post?

On accomodation and finances, I believe that we meet the requirements.

Thanks.

PaperPusher
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Location: London

Post by PaperPusher » Tue Jun 08, 2010 10:17 pm

The problem is that they will apply the immigration rules, and you will have to meet them when you apply, not possibly meet the rules at some point in the future. Your plan is doomed. Wait or go for the 27 month spouse visa.

djb123
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Post by djb123 » Wed Jun 09, 2010 6:02 am

You're not understanding my post (Paperpusher has explained what I meant now). If you met the rules now, but was asking for the visa to start in the future then that would be post-dating, but you are not...

walker101
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Post by walker101 » Wed Jun 09, 2010 4:02 pm

Paperpusher and djb123,

Though the situation is not what I had hoped it would be, I appreciate the time you have taken to read my message and respond.

I understand now that my wife and I would have to meet the qualification criteria on the day of the application submission and not when we would want the visa to be dated.

Now we have to choose do we wait till we could apply and then possibly another 2months for processing to get ILE or do we just go for the 27month settlement visa in September.

Many thanks.

djb123
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Post by djb123 » Wed Jun 09, 2010 6:07 pm

bear in mind that if you go the spouse visa route your wife will be subject to the new immigration rules when that visa expires.

walker101
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Post by walker101 » Wed Jun 09, 2010 6:40 pm

[quote="djb123"]bear in mind that if you go the spouse visa route your wife will be subject to the new immigration rules when that visa expires.[/quote]

djb123,

Pardon my lack of knowledge, but could you point me to somewhere I could read about the new immigration rules? I have no idea what they are.

Thanks.

djb123
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Joined: Mon Feb 18, 2008 9:33 pm

Post by djb123 » Wed Jun 09, 2010 9:47 pm

walker101 wrote:
djb123 wrote:bear in mind that if you go the spouse visa route your wife will be subject to the new immigration rules when that visa expires.
djb123,

Pardon my lack of knowledge, but could you point me to somewhere I could read about the new immigration rules? I have no idea what they are.

Thanks.
Imformation is still a bit lacking, especially as a lot of information has been removed from the UKBA website since the election.

My understanding was that after July 2011 it would be no longer possible to apply for ILR, and you would have to apply for probationary citizenship instead. Then you would have to apply for either permanent residency or citizenship within a certain time period. Further information about this (assuming the new government doesn't try to alter the new immigration laws before they are even implemented) should be available soon.

mrlookforward
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Post by mrlookforward » Wed Jun 09, 2010 10:41 pm

To cut the long story short, you are best off applying when you meet requirements of ILE a few months down the line.

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