Immigrationboards.com

Hi
I would really be grateful for some help as i am really confused.

My husband has a spouse visa that started on the 1st May 2008 but he did not come to the UK until the 28th June 2008 which is about 2 months later.
Can someone please clarify this statement made below on their website

If you delayed your journey to the UK by weeks or months after the date you received your permission to enter, that permission will expire before the end of your two-year qualifying period. You may need to apply to extend your visa using application form FLR(M) before you can apply for settlement.

Is it necessary for him to apply for an extension visa. Or would there be no point trying to apply for settlement if he has not completed 24months. Although his reason were because he had to do a hand over from his job in Commonwealth of Dominica and work his 4 weeks resignation

The FLR(M) form on section 4.1 has a question:

If you delayed your travel to the UK by more than 3 months after the issue of a visa, and have not yet
completed a period of 24 months in one of the above categories.

He did no delay it by more than 3 months.

What do we do just want to do the right thing. We don't have money for stupid mistakes.

Please help

What's the expiry date of his spousal visa?

regards

Due to the concession introduced last year, you no longer have to apply for an extension. Apply by post before the visa expires and the application will be held on file for processing on the qualifying date. (28 days before his entry date 2nd anniversary).
However, this is only available by post...not in person at a PEO.
Life in the UK test passed or ESOL Citizens course completed??

his visa expires on 1st may 2010

so casa what you are saying is that if he sent it in he would not be penalized for sending in a application only lived here for 1 year nd 10 months, and they would keep his application on file till june. but if he went in person he would be penalized because he wants an answer same day and not have lived here for the correct length of time.

confused

Spot on! Make sure he posts the application to arrive before the 1st May.
Saves you paying for FLR(M) extension.

Applying to settle here if you delayed your entry to the UK wrote:If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by up to three months, you can apply to live here permanently using application form SET(M) shortly before your permission to enter ends. As long as you meet the other requirements of the rules, we will put your application on hold until you have completed your two-year qualifying period in the UK.

If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by more than three months, you will need to apply using application form FLR(M) for a further probationary period of two years. If we give you a further probationary period and you meet all the other requirements of the settlement rules (including the Knowledge of Life test), you will be able to apply for settlement as soon as you have completed a total of two years' probation (adding together your time spent in the UK under your initial permission to enter as a husband, wife, civil partner or unmarried/same-sex partner, and the necessary number of months from your second probationary period).

regards