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What Should I apply for?? SET(M)

Posted: Fri May 31, 2019 6:45 pm
by Confused987
I am a Pakistani passport holder who lives in the UK on a spouse visa. My time in the UK is almost reaching 5 years and am almost ready to apply for ILR, however looking at the dates (important dates in bold):

Initial visa valid from: 3 Apr 14 (exp: 3 Jan 17)
Entry into UK 28 Aug 14
FLR Date of issue: 15 Nov 19 (exp: 12 June 19)

So, my residence permit expires 2 and a half months before I have been in the UK for 5 years. However my initial visa has been valid for more than 5 years.

I didn't enter straight away as culturally, I my family hadn't 'handed me over'. - We were legally married but not all cultural steps had taken place.

I renewed my visa 1 and a half months early as I needed to travel to Pakistan for my sister's wedding and used the same day service.

Can I apply for the ILR or must I apply for another further leave to remain for 2 and a half years? Is there a 3 month extension? Can I apply for ILR and book my appointments as late as possible to delay the processing of the application?
If they refuse - can I appeal on the basis that "Oh, well now it has been 5 years"? .

I also have a son, who as well as my husband were born in England

Many thanks in advance for your help...

Re: What Should I apply for?? SET(M)

Posted: Fri May 31, 2019 6:51 pm
by CR001
Your residence clock for ILR starts counting from the date you entered the UK on your spouse visa.

You will need an extension to cover a few months. Visa fee is £1033 us £1000 IHS.

ILR will be refused as you don't meet the residence requirements. A few members have been refused for this exact reason in the last couple of months.

Re: What Should I apply for?? SET(M)

Posted: Fri May 31, 2019 7:28 pm
by Confused987
Is a 30 month extension my only option? Does the fact that we have a 4 year old son make a difference?

Re: What Should I apply for?? SET(M)

Posted: Fri May 31, 2019 7:31 pm
by CR001
Is a 30 month extension my only option?
Yes.
Does the fact that we have a 4 year old son make a difference?
No.

By delaying your arrival and applying early for an extension, you have this shortfall and your only options is another visa extension.