Immigrationboards.com

Apologies in advance if this issue has already been addressed elsewhere on this board, but as there are so many posts it's difficult to find the correct answer straight away.

My wife is currently in the UK on a 2 year spouse visa which is due to expire in March of next year. Now, according to the UKBA website, the application for ILR using the SET (M) form can't be made more than 28 days before the expiry date of my wife's current visa.

My first question, therefore, is this: As the application process will take considerably longer than 28 days, isn't there a danger that my wife will end up overstaying her spouse visa by default?

My second question relates to my 17-year-old stepson. We both want to bring him to this country on my wife's application for ILR. Now if he's granted leave to join us in the UK, and given that the application will be made in this country, what evidence will he be able to present to the immigration desk when he first arrives in this country?

I would be very grateful for any advice anyone could provide, particularly as the UKBA website is a confusing morass of bureaucratic gobbledygook.

You can apply from 28 days before the 2 year qualifying period ends, not the visa.

Whilst a decision is being considered the leave conditions are extended. There is no danger of overstaying if the application is put in before the leave expires.

You can use the PEO premium service for an expected same day decision.

If applying by post then use the Settlement Checking Service.

Regarding the child, does your partner have sole responsibility for the child?

D4109125 wrote:You can apply from 28 days before the 2 year qualifying period ends, not the visa.

Whilst a decision is being considered the leave conditions are extended. There is no danger of overstaying if the application is put in before the leave expires.

You can use the PEO premium service for an expected same day decision.

If applying by post then use the Settlement Checking Service.

Regarding the child, does your partner have sole responsibility for the child?

Thanks very much for the information. My wife has sole responsibility for the child but I do sent him child support each month.