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settlement query
Posted: Wed Nov 22, 2017 2:50 pm
by chie
Hi,
I am new to this site and hoping that someone maybe could help me clear my problem.
I applied a fiancee visa 1st of May 2012 and granted June 2012. Came to the UK August of same year and got married same year as well and changed my visa to spouse visa right after marriage. After 2years and a half I extended my spouse visa which little did I know that I am qualified for indefinite leave as I belong to HO old rule if applied before 9th July 2012, but I chose to extend it because I don't have Life in the UK certificate so didn't have any problems renewing it. Granted March of 2015 for another 2 and a half years so it expired April of 2017. So that's a total of 5 years already and made up my mind to apply for ILR once 5years. So the problem started when I was ready to apply for ILR I stumbled in the HO site just to check for my eligibility for ILR and the online check says I'm eligible for ILR June 2017 but my visa runs out April 2017 so again I renewed my visa and will expired April 2019. Now it would make me 7years in UK by 2019. So I'm still wondering now that I am eligible for ILR last June 2017 can I apply for it even if my visa runs out 2019? In the Home Office site it says 28days before it runs out or just wait until 2019? Thank you for taking time reading my queries and hope someone will help me out of this!
Re: settlement query
Posted: Wed Nov 22, 2017 2:59 pm
by CMOSUK
chie wrote: ↑Wed Nov 22, 2017 2:50 pm
Hi,
I am new to this site and hoping that someone maybe could help me clear my problem.
I applied a fiancee visa 1st of May 2012 and granted June 2012. Came to the UK August of same year and got married same year as well and changed my visa to spouse visa right after marriage. After 2years and a half I extended my spouse visa which little did I know that I am qualified for indefinite leave as I belong to HO old rule if applied before 9th July 2012, but I chose to extend it because I don't have Life in the UK certificate so didn't have any problems renewing it. Granted March of 2015 for another 2 and a half years so it expired April of 2017. So that's a total of 5 years already and made up my mind to apply for ILR once 5years. So the problem started when I was ready to apply for ILR I stumbled in the HO site just to check for my eligibility for ILR and the online check says I'm eligible for ILR June 2017 but my visa runs out April 2017 so again I renewed my visa and will expired April 2019. Now it would make me 7years in UK by 2019. So I'm still wondering now that I am eligible for ILR last June 2017 can I apply for it even if my visa runs out 2019? In the Home Office site it says 28days before it runs out or just wait until 2019? Thank you for taking time reading my queries and hope someone will help me out of this!
Hi,
Could you confirm what was the grant date of your spouse visa? not yout fiance visa. Reason i state this is because, although you were granted your fiance visa in June 2012, you came to the UK in August 2012, then shortly afterwards applied for a spouse visa after the new immigration rules implemented at the time (9 July 2012). My understanding is, and please correct me, wouldn't this reset your qualifying period as you have basically changed visa category?
If i can get some clarification on this please.
Re: settlement query
Posted: Wed Nov 22, 2017 3:09 pm
by CR001
CMOSUK wrote: ↑Wed Nov 22, 2017 2:59 pm
Hi,
Could you confirm what was the grant date of your spouse visa? not yout fiance visa. Reason i state this is because, although you were granted your fiance visa in June 2012, you came to the UK in August 2012, then shortly afterwards applied for a spouse visa after the new immigration rules implemented at the time (9 July 2012). My understanding is, and please correct me, wouldn't this reset your qualifying period as you have basically changed visa category?
If i can get some clarification on this please.
Fiance visa and spouse visa both fall under the 'settlement' visa umbrella, so not really a 'change' in visa category. However, my understanding is that the fiance visa which is valid for only 6 months, does not count towards ILR's 5 year residence. OP would need 5 years on the spouse visa.
Re: settlement query
Posted: Wed Nov 22, 2017 3:31 pm
by chie
Granted spouse visa I think Feb or March of 2013. Because my fiancee visa only last 6months which is from June 2012 till Dec 2012.
Re: settlement query
Posted: Wed Nov 22, 2017 3:33 pm
by CR001
chie wrote: ↑Wed Nov 22, 2017 3:31 pm
Granted spouse visa I think Feb or March of 2013. Because my fiancee visa only last 6months which is from June 2012 till Dec 2012.
You will qualify for ILR no sooner than within 28 days before reaching 5 years on your spouse visa, so in Feb/March 2018.
Re: settlement query
Posted: Wed Nov 22, 2017 3:41 pm
by chie
CR001 wrote: ↑Wed Nov 22, 2017 3:33 pm
chie wrote: ↑Wed Nov 22, 2017 3:31 pm
Granted spouse visa I think Feb or March of 2013. Because my fiancee visa only last 6months which is from June 2012 till Dec 2012.
You will qualify for ILR no sooner than within 28 days before reaching 5 years on your spouse visa, so in Feb/March 2018.
Even if my current visa expires April 2019? i did changed my visa category so its like im now in the 5 year route. Its actually confusing as it says June 2012 was my first entry clearance granted so i assumed they counted back June 2012 up to June 2017 which is my qualifying 5 year route.
Re: settlement query
Posted: Wed Nov 22, 2017 3:52 pm
by CR001
Your dates are not clear. Can you state the exact dates of issue for your spouse visa from the first application to the latest one and include the visa expiry dates.
Re: settlement query
Posted: Wed Nov 22, 2017 4:14 pm
by chie
CR001 wrote: ↑Wed Nov 22, 2017 3:52 pm
Your dates are not clear. Can you state the exact dates of issue for your spouse visa from the first application to the latest one and include the visa expiry dates.
first granted spouse visa March 2013 valid till March 2015
second spouse visa granted March 2015 valid till 2017
third spouse visa granted April 2017 valid till 2019
this is why im so confused now as i can remember renewing my spouse visa twice if i am correct.
Re: settlement query
Posted: Wed Nov 22, 2017 4:16 pm
by CR001
As each visa was granted for 2 years, you are on the pre July 2012 path and can apply for ILR now if you meet the LIUK and English B1 requirements.
this is why im so confused now as i can remember renewing my spouse visa twice if i am correct.
Well you must have applied earlier this year. HO don't automatically send you a new visa.
Re: settlement query
Posted: Wed Nov 22, 2017 4:27 pm
by chie
CR001 wrote: ↑Wed Nov 22, 2017 4:16 pm
As each visa was granted for 2 years, you are on the pre July 2012 path and can apply for ILR now if you meet the LIUK and English B1 requirements.
this is why im so confused now as i can remember renewing my spouse visa twice if i am correct.
Well you must have applied earlier this year. HO don't automatically send you a new visa.
. Will I be in trouble or refused if I will renew it 2019 as that is my expiry date in my current visa?
Re: settlement query
Posted: Wed Nov 22, 2017 4:31 pm
by CR001
chie wrote: ↑Wed Nov 22, 2017 4:27 pm
Will I be in trouble or refused if I will renew it 2019 as that is my expiry date in my current visa?
No you will not. You could have applied at any point once you did LIUK and meet the English requirement.
Re: settlement query
Posted: Wed Nov 22, 2017 4:35 pm
by chie
CR001 wrote: ↑Wed Nov 22, 2017 4:31 pm
chie wrote: ↑Wed Nov 22, 2017 4:27 pm
Will I be in trouble or refused if I will renew it 2019 as that is my expiry date in my current visa?
No you will not. You could have applied at any point once you did LIUK and meet the English requirement.
Thank you for clearing this up! God bless!!
Re: settlement query
Posted: Wed Nov 22, 2017 6:02 pm
by CMOSUK
CR001 wrote: ↑Wed Nov 22, 2017 3:09 pm
CMOSUK wrote: ↑Wed Nov 22, 2017 2:59 pm
Hi,
Could you confirm what was the grant date of your spouse visa? not yout fiance visa. Reason i state this is because, although you were granted your fiance visa in June 2012, you came to the UK in August 2012, then shortly afterwards applied for a spouse visa after the new immigration rules implemented at the time (9 July 2012). My understanding is, and please correct me, wouldn't this reset your qualifying period as you have basically changed visa category?
If i can get some clarification on this please.
Fiance visa and spouse visa both fall under the 'settlement' visa umbrella, so not really a 'change' in visa category. However, my understanding is that the fiance visa which is valid for only 6 months, does not count towards ILR's 5 year residence. OP would need 5 years on the spouse visa.
thank you for the clear up.
