Spouse indefinite leave to remain

[Caz2019]

Hi,

Can someone please clarify something for me. My first spousal visa issue was in December 2014 and I have since applied for my spouse visa extension with visa granted until March 2020.

I was on the home office website and they have published this on their latest version document dated 19 October 2019.

"Period between the issue of entry clearance and entering
the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the continuous 12-month period.
The applicant does not need to provide evidence to demonstrate the reason for
delayed entry."

Does this mean that I should apply for ILR calculating my days from visa issued date December 2014?

Many thanks in advance.

[CR001]

The piece you quote is not relevant to spouse settlement visas. Presumably you got that para from the Calculating Continuous Residence document, which states clearly which visa routes it covers, i.e. PBS (Tier 1 Tier 2), Ancestry, etc.

For a spouse settlement visa on FLR(M), your residence starts counting from the date you entered the UK (which you have not stated).

[Caz2019]

Hi,

Thank you so much for the response. Apologies as I must have missed the part on which route the document covered. I entered 04/05/2015 and my visa expires 11/03/2020. What are my options on application.

Thanks

[CR001]

For reference, it is page 4 of the document.

https://assets.publishing.service.gov.u ... 9.0ext.pdf

he following categories are covered by this guidance:
•representative of an overseas business (paragraph 150of the Immigration Rules)
•UK ancestry (paragraph 192)•retired person of independent means (paragraph 269)
•domestic workers in private households (paragraph 159G)
•the following sub-categories of the points-based system:
oTier 2 (General)(paragraph 245HF)
oTier 2 (Sportsperson)(paragraph 245HF)
oTier 2 (Minister of religion) (paragraph 245HG)
oTier 2 (Intra-company transfers)(ICT) granted under the rules in place before 6 April 2010 (paragraph 245GF)
oTier 5 (International agreement) –private servants in diplomatic households granted entry under rules in place before 6 April 2012 only (paragraph 245 ZS)
•PBS dependent partners (paragraph 319E) and
PBS dependent children (paragraph 319J)•Appendix W partners (paragraph 319E)and Appendix W children (paragraph 319J)

Can you state the date of the first visa expiry and the date you applied and were granted your current extension??

You delayed your entry to the UK substantially, hence the shortfall in your qualifying time.

[Caz2019]

First visa issue: 11/12/2014
Entered: 04/05/2015
2nd visa issue: 11/08/2017 (applied via priority service), visa expires 11/03/2020

[CR001]

What date did your first visa expire?

[Caz2019]

First visa expired 11/09/2017

[aman90]

First visa issue: 11/12/2014
Entered: 04/05/2015
2nd visa issue: 11/08/2017 (applied via priority service), visa expires 11/03/2020

Ur qualifying period is 03 May 2015 minus 28 days.
Apply for ILR on SET(M) on 10/03/2020.
Enrol biometrics in early April not before.
As long as the date of decision falls within the qualifying period minus 28 days you should be fine.

[Caz2019]

hi Aman and CR001,
Thank you for your response. I just wanted to check if doing the delayed biometrics as you suggest will still work on the new booking system ( or if this system only allows one to book within 5-15 days).
Would the day of decision be 5 years - 28 days or does it have to be on the 5 year date?

Many thanks

[Caz2019]

I just wanted to check if doing the delayed biometrics as one suggests will still work on the new booking system ( or if this system only allows one to book within 5-15 days).
Would the day of decision be 5 years - 28 days or does it have to be on the 5 year date?

Spouse visa grated: 14/02/2014
Entry in:. 04/05/2015
Visa extended: 11/09/2017
Spousal visa end: 11/03/2020

Many thanks.

[Caz2019]

Hi,

I have submitted my spousal visa extension online 7 March 2020 but I have heard that I actually could have applied for my ILR instead?
I have researched and found that I may be able to vary my application before the decision so ideally do the vary application by next week. Can you advise how and when I should vary my application and what happens to the fees from previous application - I understand that once I submit a new application, then this new application will take precedent over the old one?
My dates ares:
First spouse visa granted: 14 December 2014
Entered: 05 May 2015
Second spouse extension: 11 September 2017, expires 11 March 2020

Many thanks in advance for your help.

[vinny]

I believe your qualifying period for ILR started on the initial date of entry on your spouse visa. So, I think you may vary it after Tuesday, 7 April 2020, provided it’s undecided by then. You may have to include extra up-to-date documents.

[Caz2019]

Thank you so much Vinny for your quick response. Can I only vary after attending the Biometrics in person? Currently I have my biometrics for the spousal extension on the 9 April 2020.

[Fcjl22]

Hi,

I have submitted my spousal visa extension online 7 March 2020 but I have heard that I actually could have applied for my ILR instead?
I have researched and found that I may be able to vary my application before the decision so ideally do the vary application by next week. Can you advise how and when I should vary my application and what happens to the fees from previous application - I understand that once I submit a new application, then this new application will take precedent over the old one?
My dates ares:
First spouse visa granted: 14 December 2014
Entered: 05 May 2015
Second spouse extension: 11 September 2017, expires 11 March 2020

Many thanks in advance for your help.

HI, have you varied your application? What's the current status? Thank you

[Caz2019]

Hi,

I have not varied my application as I am not sure if I can only after I have been to my appointment. My appointment was originally for 9 April but unfortunately with Covid 19 lockdown, my appointment for my FLR extension is now only 20 May. I am now on section 3c leave. By 4 May, I would have been in the UK for 5 years ( entered on 4 May 2015). If anyone has advice on what I should do - i.e. attend appointment the vary or vary before appointment? Thank you very much.

[Caz2019]

To whom this may concern,

I had my first Spousal Visa granted 14 December 2014, entered UK 4 May 2015.
Second renewal was from September 2017 and expired 11 March 2020.
I made a third spousal visa renewal in March 2020 and was due for my appointment in April 2020 which had to be cancelled and delayed due to Covid 19. As I am now in the country for 5 years, am I able to vary my application while the Home Office has my spousal visa application in as mentioned above?

Thank you in advance.

Kind regards,
Carol

[zimba]

Yes

[Caz2019]

Hi Zimba,
Thank you for the reply. I have also read somewhere that I would need to attend my biometric for my original application (spousal extension) and then again for my ILR variation. Is this correct? If that is the case, does that mean I can only vary my application the day (or close to the day) I attend my original appointment?

Thanks
Carol

[zimba]

Hi Zimba,
Thank you for the reply. I have also read somewhere that I would need to attend my biometric for my original application (spousal extension) and then again for my ILR variation. Is this correct? If that is the case, does that mean I can only vary my application the day (or close to the day) I attend my original appointment?

Thanks
Carol

You should only attend biometrics for your last application

[Caz2019]

But does that mean I have to attend my biometric first to make the first application valid before I can vary my application. Note my visa has now expired ( my original application was before and in time) and I am on 3c leave?
Sorry I just want to confirm as I want to vary my application now but I don't want to if it means making my original application invalid and result in me becoming an overstayer.

Thanks in advance

[zimba]

But does that mean I have to attend my biometric first to make the first application valid before I can vary my application. Note my visa has now expired ( my original application was before and in time) and I am on 3c leave?
Sorry I just want to confirm as I want to vary my application now but I don't want to if it means making my original application invalid and result in me becoming an overstayer.

Thanks in advance

You are making assumptions. You can vary it at any time. Your new application will be the variation of the previous one