ILR or extend spouse visa

[padahaja]

Hello everyone,

I hope anyone could help me. I'm spouse of british citizen are who is ex-army. I got 27 momths visa valid on 2/09/2013 to 02/12/15 which i applied in Germany to join new based in England but now he is already out of army.
I want to know what is the next visa should i apply ILR or extend another 2.5 years. I actually called to ask this information from Home office twice and the answer is to apply ILR but they said do not take their word about this. What will effect me if i apply ILR and they refuse my application? Will i get fee refund?

Thank you for your help

[vinny]

When did you initially apply for your spouse visa?

[padahaja]

When did you initially apply for your spouse visa?

I applied in July 2013

[physicskate]

When did you initially apply for your spouse visa?

I applied in July 2013

You will need an extension... It appears as though your initial entry clearance was issued incorrectly as it should have been for 33 months. You should have checked this when the visa was issued and corrected at the time. It may be that if you apply for an extension by post it will take some time so that you will not need a second extension to reach 5 years in order to apply for ILR.

The financial requirement needs to be met etc...

[padahaja]

When did you initially apply for your spouse visa?

I applied in July 2013

You will need an extension... It appears as though your initial entry clearance was issued incorrectly as it should have been for 33 months. You should have checked this when the visa was issued and corrected at the time. It may be that if you apply for an extension by post it will take some time so that you will not need a second extension to reach 5 years in order to apply for ILR.

The financial requirement needs to be met etc...

Thank you for your answer but as my understanding i think they did not make any mistake. This is what i copied from army families federation page about visa :
ILR as the spouse of a British Soldier

Spouses who have spent 2 years on the probationary spouse visa (FLR(M) issued prior to 1st December (and after the soldier became a British Citizen) and spouses who entered the UK prior to 1st December on a 27 month visa.

You will be eligible to apply once you have completed 2 years in the UK on the spouse visa.You can apply up to 28 days prior to the visa expiring.You will need to complete Form SET (AF). Tick the box on page 7 which states ‘partner or child of a British Citizen member of HM Forces applying under Part 8 transitional arrangements’

The thing is my husband is now out of the Army so I'm not really sure if i entitle to this rule. I'm so stress.

[physicskate]

You will need an extension... It appears as though your initial entry clearance was issued incorrectly as it should have been for 33 months. You should have checked this when the visa was issued and corrected at the time. It may be that if you apply for an extension by post it will take some time so that you will not need a second extension to reach 5 years in order to apply for ILR.

The financial requirement needs to be met etc...

Thank you for your answer but as my understanding i think they did not make any mistake. This is what i copied from army families federation page about visa :
ILR as the spouse of a British Soldier

Spouses who have spent 2 years on the probationary spouse visa (FLR(M) issued prior to 1st December (and after the soldier became a British Citizen) and spouses who entered the UK prior to 1st December on a 27 month visa.

You will be eligible to apply once you have completed 2 years in the UK on the spouse visa.You can apply up to 28 days prior to the visa expiring.You will need to complete Form SET (AF). Tick the box on page 7 which states ‘partner or child of a British Citizen member of HM Forces applying under Part 8 transitional arrangements’

The thing is my husband is now out of the Army so I'm not really sure if i entitle to this rule. I'm so stress.

It might have been complicated by your husband being in the army, but in general the two year visas were only applicable to those who APPLIED before July 6, 2012. This might have come in later for non-military spouses. I notice that the script you have copied does not include any years... there has been a massive overhaul within the last three years and the old rules are no longer applicable. It USED to be two years to ILR but changed to 5 years.

Others might be more knowledgable about when the new rules applied to army spouses. I do know they were erroneously issuing 'old rules' visas to 'new rules' applicants for some time after the rule change...

If you think you qualify for ILR, then by all means, apply!

[padahaja]

You will need an extension... It appears as though your initial entry clearance was issued incorrectly as it should have been for 33 months. You should have checked this when the visa was issued and corrected at the time. It may be that if you apply for an extension by post it will take some time so that you will not need a second extension to reach 5 years in order to apply for ILR.

The financial requirement needs to be met etc...

Thank you for your answer but as my understanding i think they did not make any mistake. This is what i copied from army families federation page about visa :
ILR as the spouse of a British Soldier

Spouses who have spent 2 years on the probationary spouse visa (FLR(M) issued prior to 1st December (and after the soldier became a British Citizen) and spouses who entered the UK prior to 1st December on a 27 month visa.

You will be eligible to apply once you have completed 2 years in the UK on the spouse visa.You can apply up to 28 days prior to the visa expiring.You will need to complete Form SET (AF). Tick the box on page 7 which states ‘partner or child of a British Citizen member of HM Forces applying under Part 8 transitional arrangements’

The thing is my husband is now out of the Army so I'm not really sure if i entitle to this rule. I'm so stress.

It might have been complicated by your husband being in the army, but in general the two year visas were only applicable to those who APPLIED before July 6, 2012. This might have come in later for non-military spouses. I notice that the script you have copied does not include any years... there has been a massive overhaul within the last three years and the old rules are no longer applicable. It USED to be two years to ILR but changed to 5 years.

Others might be more knowledgable about when the new rules applied to army spouses. I do know they were erroneously issuing 'old rules' visas to 'new rules' applicants for some time after the rule change...

If you think you qualify for ILR, then by all means, apply!

Thank you for your reply, it said on the Home office web that the old rule is perior on 1 december 2013.
To be honest i would like to get my visa issed 33 months like everyone else to avoid any future problem or mistake. Its quiet funny tho when you contact the home office officer to ask any inquiry about your visa and you can't really rely on thier answer.

Thank you again

[vinny]

See also Armed forces (modernised guidance).