Immigrationboards.com

Hi everyone,

I've just been going over the Indefinate Leave To Remain form for my wife and stepsons need to stay living in this green and pleasant isle, but have noticed something that worries me greatly.

I'm British and my wife/stepson are American and we where married in the USA on 29th Dec 2007. We went to New York and got Spouse Visas on 7th Jan 2008 and due to having to give notice at her job, they didnt come to the UK until 11th Feb 2008. We thought you couldn't apply 28 days before the Visa expired NOT 28 days before 2 years residency. As the gap between visa issue and arrival is more than 28 days, what do we do?

Have been trying to call UKBA Helpline, but I haven't got through yet!

Im worried sick right now!

Many thanks

Mike (plus Jess and Carter - currently enroute back from USA after Thanksgiving family visit)

No problem. There is now a concession in place to allow for gaps such as this (since spouse visas are now issued for 27 months, not 24).
You need to apply by post (this can be done in person at the PEO). Apply before the visa expiry date and the application will be held on file until the qualifying date for processing...28 days before the arrival date. In actual fact, as the gap is only the matter of a few days, if you pay by cheque, by the time the payment has been processed in Durham and then sent on to another location for processing, you would probably have been within the qualifying period anyway.
Your wife has passed the Life in the UK test?

Thanks Casa,

Panic over!! Shortly before you replied I finally got through to someone, who explained the situation. We are all ok now!

Jess has her Life In The UK Test on Saturday and I was just getting our paperwork together for the application when I made the discovery.

Its amazing how there shouldn't be any problems with this whole thing, but you just don't know do you.

Thank you for your swift and accurate answer to our problem.

I shall call on you again if I have any other questions

Take care

Mike

Please do.
If I don't have the answer, I'm sure someone will.