2-Year Spouse Visa - ILR: Extension to Visa Needed?

tigrouetoile · Post by **tigrouetoile** » Sat Nov 10, 2007 12:17 pm

Hi all,

I am hoping that someone will be able to help me out on this one, and perhaps have a solution?!

My Moroccan husband (I am British) was issued with his Spouse Visa on 24/01/2006.

Visa to expire on 24/01/2008

We entered the UK on 27/02/2006, 35 days after issue of the Visa.

Is there any way we can apply on or before 24/01/2008 for ILR without having to first apply and pay for FLR?

Thanks!

tinux · Post by **tinux** » Sat Nov 10, 2007 1:11 pm

you need to apply 28 days the earliest. After passing 2 years minus 28 days in the Uk he could apply for set(M) if not then he could only apply for extension instead
24/01/2008 is the dead line for any visa application
27/02/2006 is the day he entered he idealy could apply on no earlier than 25/01/2008 for settlement now if that is the case he would technically be an over stayer by 1 day. i say it is possible but let the expert answer that
i heard the HO allow up to 2 weeks but seek advice first do not take my word for it please

tigrouetoile · Post by **tigrouetoile** » Sat Nov 10, 2007 6:51 pm

Applying on 25th sounds like a plan, obviously only if acceptable. To be an overstayer by 1 day - how typical to be that close to it! Who would you suggest contacting to check this out? Or anyone else reading this any ideas?! I would be grateful to avoid having to pay more than necessary, considering how expensive it is...

If we were/had to go for the extension, a couple of questions:
1. Would the latest application date be 24th Jan?
2. Would this just cover the few days over?
3. How much does this cost?
4. Does my husband still need to do the test for this?

Feeling quite put out that we have to go to all this trouble and expense when it's my own country - just because I married a non-European....

paulp · Post by **paulp** » Sat Nov 10, 2007 10:11 pm

Overstaying, even by one day, is not a great idea. What do the gurus think about doing a postal application on the day of expiry (a few days more than the 28 allowed)?

SYH · Post by **SYH** » Sat Nov 10, 2007 10:22 pm

I have to say that I applied for an extension earlier than the 28 days and it wasn't rejected for being submitted too early. I also got a 4 year extension. At the time I didnt think anything of it except now I realize 4 is not the norm.

This experience doesn't exactly answer your question about the wisdom of submitting earlier than the 28 days especially since you are changing your leave from spouse visa to ILR whereas I was extending the same leave I already had. However if you feel pressed to apply earlier than the 28 days, I think considering the time it takes to process for payment and then forward to the caseworker assignment queue, it isn't actually too early seeing that the norm of processing is 2 months.

Good Luck

jazbaati99 · Post by **jazbaati99** » Sat Nov 10, 2007 11:03 pm

Hello

What I can suggest is to make a postal application and pay the application fee via cheque. Post your application on 20th Jan 08. Send your application via special delivery and make very very sure that you keep the postal receipt safe. It takes five working days for the cheque to clear Your application will only reach consideration stage once fees have been received. Perhaps another day or two for the application to reach the case worker.This will take you well within 28 days before the application.

Best of luck

Post by **John** » Sat Nov 10, 2007 11:04 pm

OK, let's actually look at the facts, and then talk about a tactic which should work!

Current visa expires on 24.01.08. UK was first entered on that visa on 27.02.06, and 28 days before the 2nd anniversary of that date is 31.01.08 .... so a 7 day difference.

As far as UK visa extension applications are concerned, the date of application is the date of posting! And yes they do keep the envelopes! So if the application was posted ... obviously by Special Delivery (given the importance of the documents) on Thursday 24.01.08 ... even though it will arrive in Durham on 25.01.08 ... you will still have so-called Section 3C protection.

But the clever bit is to deliberately slow down matters! How? Do not pay by card .... do definitely pay by cheque! And don't even think about making an in person application at a PEO.

The point is this. All they do in Durham is to ensure payment is received successfully, and only when they are so satisfied will they pass the application to a "real office" for processing. So by paying by cheque you will deliberately slow down the matter in Durham ... and thus delay the application getting passed to a "real office" for processing. And given just a 7 day gap, by the time a case worker looks at the application you will easily be within the 28 day period before the 2nd anniversary of your date of arrival.

Section 3C protection? Your old visa will be "treated as continuing" until they actually get round to dealing with your ILR application on form SET(M). You will not become an overstayer.

This ploy has worked for others!

By the way, can you please confirm you have already passed the Life in the UK Citizenship test?

[Edit : jazbaati99 .... you beat me to it ... by one minute!]

tinux · Post by **tinux** » Sat Nov 10, 2007 11:44 pm

i am sorry i did not realise the dates were incorrect

tigrouetoile · Post by **tigrouetoile** » Sun Nov 11, 2007 11:10 am

Thanks John, that sounds like a plan! Is it definitely still the case that if we post his application on 24.01.2008, they won't take that date as the date of application - I thought I'd read somewhere it would be considered as date of application?

As for the test, no, he hasn't taken it yet, but he has the book and plans to take it soon.

What we'd also been wondering as a tactic was if we applied for an extension, how long this would be valid for? If this was for a further 2 years, could we get that then apply for citizenship 1 year on? Have I got it right that my husband would be entitled to apply for citizenship after 3 years of living in the UK?

Thank-you everyone for your help!

Rachel

mym · Post by **mym** » Sun Nov 11, 2007 12:30 pm

Read up on the ppron method - your husband can apply (outside the uk) for uk citizenship on the third anniversary of his first entry into the uk legally (even if he was a visitor).

tigrouetoile · Post by **tigrouetoile** » Mon Nov 12, 2007 6:56 pm

John wrote: As far as UK visa extension applications are concerned, the date of application is the date of posting! And yes they do keep the envelopes! So if the application was posted ... obviously by Special Delivery (given the importance of the documents) on Thursday 24.01.08 ... even though it will arrive in Durham on 25.01.08 ... you will still have so-called Section 3C protection.]

Hi John,
I guess you meant UK ILR applications? Have just had a look at the guidelines for SET(M) and seen the address to send things to is indeed Durham. Given the posting day would be a Thursday and day of receipt by special delivery a Friday, plus the weekend, I can see that you're ploy could work!
We are starting to gradually get organised for applying for the ILR and so I may be back wiht some more questions at some point!

Thanks agains,

tigrouetoile · Post by **tigrouetoile** » Mon Nov 12, 2007 6:57 pm

mym wrote:Read up on the ppron method - your husband can apply (outside the uk) for uk citizenship on the third anniversary of his first entry into the uk legally (even if he was a visitor).

Hi,

Thanks for the tip. If the worst comes to the worst, we can always look into this! My question though was really whether it would be possible to apply for FLR instead of ILR and then get citizenship after 1 yr - i.e. cheaper??

R

mym · Post by **mym** » Mon Nov 12, 2007 8:02 pm

tigrouetoile wrote:Thanks for the tip. If the worst comes to the worst, we can always look into this! My question though was really whether it would be possible to apply for FLR instead of ILR and then get citizenship after 1 yr - i.e. cheaper??

R

No, as when you apply for citizenship you must be free from immigration time restrictions. The only way to naturalise without ILR is the ppron method.

VictoriaS · Post by **VictoriaS** » Tue Nov 13, 2007 6:09 pm

tigrouetoile wrote:
Hi John,
I guess you meant UK ILR applications? Have just had a look at the guidelines for SET(M) and seen the address to send things to is indeed Durham. Given the posting day would be a Thursday and day of receipt by special delivery a Friday, plus the weekend, I can see that you're ploy could work!
We are starting to gradually get organised for applying for the ILR and so I may be back wiht some more questions at some point!

Thanks agains,

Send it on the 24th, and send by recorded delivery, not special...that way they probably won't get it until the Monday!

Victoria

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2-Year Spouse Visa - ILR: Extension to Visa Needed?

2-Year Spouse Visa - ILR: Extension to Visa Needed?