Page 1 of 1

ILR application clarificaton

Posted: Tue May 18, 2010 11:53 pm
by Andre2000
My wife's spouse Visa expires on the 30th June 2010. We have made an appointment at Home office for ILR on the 2nd June 2010. My wife arrived in the UK on the 17th July 2008.

We would like to clarify that it is correct that the date for the interview will be within the 28 day period. The fee for this service I believe would be payable in the event of any mistakes in applying too early, in addition I have read on this forum that the 2 year visa starts from the date of arrival in the UK.

Please clarify this issue for me.

Andrew

Posted: Wed May 19, 2010 12:05 am
by geriatrix
Andre2000 wrote: I have read on this forum that the 2 year visa starts from the date of arrival in the UK.
The visa starts from the day it is issued. The ILR clock starts from the date of arrival in the UK.

One can apply (at max) 28 days before the date he/she becomes eligible for ILR ... not 28 days before the expiry of one's visa.

Your wife qualifies for ILR on 17-Jul-10, so book an appointment accordingly.


regards

Posted: Wed May 19, 2010 8:25 am
by sairishlass
My OH's spouse visa was issued in South Africa end of March 2008 (can't remember exact date) and we arrived in the UK on the 7 April 2008. We sent in his ILR application on the 18th March 2010 (within the 28 day period) and although it was returned once due to the photos being incorrect (second set looked exactly the same as the first ones :? ) we had new ones done within 2 days and sent the application back and still waiting on outcome.... Correct me if I'm wrong but surely if he waits until July then she'll be here illegally as her ILR expires on the 30th June.

Posted: Wed May 19, 2010 8:38 am
by djb123
sairishlass wrote:My OH's spouse visa was issued in South Africa end of March 2008 (can't remember exact date) and we arrived in the UK on the 7 April 2008. We sent in his ILR application on the 18th March 2010 (within the 28 day period) and although it was returned once due to the photos being incorrect (second set looked exactly the same as the first ones :? ) we had new ones done within 2 days and sent the application back and still waiting on outcome.... Correct me if I'm wrong but surely if he waits until July then she'll be here illegally as her ILR expires on the 30th June.
You are correct, but I don't think the advice was to wait until July. It was to apply up to 28 days before she was in the UK 2 years. This leaves a short period (something like 19th June to the 30th June) to apply for ILR in person.

Posted: Wed May 19, 2010 11:10 am
by Andre2000
I rang the Croydon HO and they confirmed that the 2nd June was too early to apply. They have cancelled my wife's appointment, however was unable to offer an alternative date between the 19th June and the 30th June. The website will not let me book another appointment.

We had planned to travel on a family holiday in mid July so maybe now we have to cancel our plans and apply by post which is really inconvenient.

Waiting up to 6 months for her approval will affect her business, as she has Important dates to maintain in her country of origin. Is there anything we can do to expediate this ILR apart from having an appointment?

Posted: Wed May 19, 2010 12:26 pm
by geriatrix
Andre2000 wrote: The website will not let me book another appointment.
Since you have just cancelled, wait for 24-48 hours and then try again.

regards

Posted: Wed May 19, 2010 12:27 pm
by Andre2000
Ok thanks for everyone's clarification on this issue.

I got an appointment for the 21st June. I just reregistered on the site as it kept giving me the date 2nd June with no option to reschedual altough I had cancelled this appointment over the phone with Croydon HO.

Andrew

Posted: Wed May 19, 2010 12:29 pm
by geriatrix
sairishlass wrote:My OH's spouse visa was issued in South Africa end of March 2008 (can't remember exact date) and we arrived in the UK on the 7 April 2008. We sent in his ILR application on the 18th March 2010 (within the 28 day period) and although it was returned once due to the photos being incorrect (second set looked exactly the same as the first ones :? ) we had new ones done within 2 days and sent the application back and still waiting on outcome.... Correct me if I'm wrong but surely if he waits until July then she'll be here illegally as her ILR expires on the 30th June.
While the application is with UKBA, the leave continues .. even after the date of expiry of the visa.


regards

Posted: Wed May 19, 2010 3:33 pm
by Casa
OISC Immigration Advisors usually have slots available to submit your application on your behalf.

Posted: Wed May 19, 2010 5:42 pm
by Andre2000
Casa wrote:OISC Immigration Advisors usually have slots available to submit your application on your behalf.
Thanks for the info however I have managed to get an appointment at croydon on the 21st June.

Andrew