ILR / FLR and British Passport

[pauldm21]

Hi folks, some really basic questions here and I know the info is out there... but I'm being told what I've read is wrong so require some reassurance.

My wife arrived in UK on a Spouse visa in April 2013. Our application went in after 09/07/2012.

The Visa expires in Jan 2016.

Next step?? As far as I know is FLR.... some friends and colleagues of hers are adamant ILR/residence is possible at the stage? Would she need English test requirement again (having passed the English test requirement for the Spouse via in Feb 2013). And Life in the UK test is for ILR only?

Also, timescale for her to be entitled to apply for a British Passport? I assumed 5 years minimum however again some friends of hers have applied after 3 years and adamant she can too.

I know this is simple stuff but doubting my own knowledge on this when others are constantly questioning me!

Thanks

[noajthan]

FLR next.

LITUK is for ILR (& naturalisation).

In practice, whether by ILR route (under UK immigration rules) or PR route (under EU rules) it takes 5 years to acquire settled status in UK & that is an essential prerequisite for naturalisation.

[pauldm21]

Hi Folks,

My wife (Peruvian citizen) current visa expires 27/01/2015. I'm a British Citizen. We are currently putting her application together and have a few questions about the process, evidence and when we should apply.

- She entered on 15/05/13, application post 09/07/12, so is on 5-year route. Can someone just clarify we apply for FLR and which for to use?

- English Requirement.... for the Spouse visa application she took and passed an English Test (A1 CEFR at a Trinity College test centre) in February 2013. This was used for first application, I assume can be used for the FLR application?

- Maintenance.... 12 months wage slips or end of year Tax doc sufficient as proof of earnings? My wife earns as well now, part-time early 2015 and full time since October, is it worth including her wage slips as well? Not required to meet the £18,600, however we have another issue (a criminal conviction) so would the fact she's 'settled' and working full time help demonstrate integration and alleviate any concerns re the conviction??

- When to apply.... we are attending a friends wedding in Ireland on 30/01/16.Reading some other posts, there seems to be issues with long delays on applications. Obviously my wife will require her passport to make the journey so we're reluctant to send that off before the wedding. Is there likely to be any issues at
the airport on 30/01/15, given her current visa expires 27/01/16.The application will be ready by then, however we would ideally be posting her application off on 01/02/16. Given the delays it seems pretty unlikely we'd have her passport back in time, even if we sent it tomorrow? We could forget about the flights we have booked and take a domestic flight to Belfast and drive from there, assuming there would be no passport checks at the airport... no ideal but might get around the issue?

- Declaring the conviction... I have previously been advised we have to declare my wifes criminal conviction. It is pretty minor (Breach of the Peace and resisting arrest), does anyone have any experience of application in this situation? I know there are no certainties, but likelihood of this affecting her chances of FLR? She we include any evidence or explanation with the application to appease the situation? She has since held jobs working with children and elderly people, where stringent background checks were carried out (PVG, social services authorities etc) and there were no problems with the convictions. She could obtain personal and emplotment references as well if this would help?

Thanks in advance for any advice.

[Casa]

Hi Folks,

My wife (Peruvian citizen) current visa expires 27/01/2015. I'm a British Citizen. We are currently putting her application together and have a few questions about the process, evidence and when we should apply.

- She entered on 15/05/13, application post 09/07/12, so is on 5-year route. Can someone just clarify we apply for FLR and which for to use?

- English Requirement.... for the Spouse visa application she took and passed an English Test (A1 CEFR at a Trinity College test centre) in February 2013. This was used for first application, I assume can be used for the FLR application?

- Maintenance.... 12 months wage slips or end of year Tax doc sufficient as proof of earnings? My wife earns as well now, part-time early 2015 and full time since October, is it worth including her wage slips as well? Not required to meet the £18,600, however we have another issue (a criminal conviction) so would the fact she's 'settled' and working full time help demonstrate integration and alleviate any concerns re the conviction??
Also bank statements + 6 pieces of evidence in joint names showing co-habitation spread as evenly as possible over the full 2.5 years from at least 3 different sources. 12 if in single names.
- When to apply.... we are attending a friends wedding in Ireland on 30/01/16.Reading some other posts, there seems to be issues with long delays on applications. Obviously my wife will require her passport to make the journey so we're reluctant to send that off before the wedding. Is there likely to be any issues at
the airport on 30/01/15, given her current visa expires 27/01/16.The application will be ready by then, however we would ideally be posting her application off on 01/02/16. Given the delays it seems pretty unlikely we'd have her passport back in time, even if we sent it tomorrow? We could forget about the flights we have booked and take a domestic flight to Belfast and drive from there, assuming there would be no passport checks at the airport... no ideal but might get around the issue? Are you suggesting that your wife doesn't apply until after the expiry date on her visa? If so, FLR(M) be applied for before the visa expires or she will be an overstayer and she faces the visa extension being refused.

- Declaring the conviction... I have previously been advised we have to declare my wifes criminal conviction. It is pretty minor (Breach of the Peace and resisting arrest), does anyone have any experience of application in this situation? I know there are no certainties, but likelihood of this affecting her chances of FLR? She we include any evidence or explanation with the application to appease the situation? She has since held jobs working with children and elderly people, where stringent background checks were carried out (PVG, social services authorities etc) and there were no problems with the convictions. She could obtain personal and emplotment references as well if this would help? The criminal conviction must be declared, but you can submit evidence of good character

Thanks in advance for any advice.

For a premium fee your wife can apply in person at one of the PSC's which will enable her to retain her passport. However, you may have left it late to secure an appointment before her visa expires.

[pauldm21]

Thanks for the response Casa...

So your advice on my situation would be to ensure the application is submitted before the visa expiry? Do you think there would be an issue with submitting the application close to the expiry date, excluding my wifes current passport, and then posting this 4 days after the expiry date?
Given the current delays, I don't think the application would be dealt with before the expiry date, even if it was sent tomorrow?

We have flights booked with everyones favourite budget airline and, not surprisingly they have different identification rules to other Stupid, meaning my wife (and anyone else for that matter can only travel with a passport). The wedding were are attending is in northern Ireland so there are obviously other ways to get there which would involve flying and therefore requiring the passport. However we were hoping to avoid writing off the cost of the flights if possible.

Does anyone have any idea of approximate current processing times?

[CR001]

She should apply before her visa expires.

Why do you not want to apply in person for a same day decision?

[Casa]

The fact that the airline requires official identification for the right to travel (and return) means that they will check the passport/visa for validity. You could argue that your wife isn't technically 'leaving the country', but budget airline staff generally have scant knowledge of immigration rules and are often reluctant to take a chance due to the level of fines imposed on the company if the rules are breached.
You will have to get a move on to secure an appointment in person at a PSC this month, but leaving the visa to expire leaves your wife open to being considered as illegally resident. FLR(M) requires extant leave, which she won't have if the expiry date has passed.
Current postal application times for FLR(M) are likely to be around 12 weeks.

[pauldm21]

Thanks Casa, we've left it late which is causing the problem. Are you saying its too late to apply by post now? with the expiry date being 27/01/16, there's no way the visa will be issued by then with the processing time of 12 weeks? Is the requirement that the visa be issued before the current expiry date? or that the application be submitted before the expiry date??

I'll try contacting the airline to see if they'll accept a certified copy of the passport page.

I had overlooked the IHS requirement as well.... I presume she will definitely need to pay for this as well? She has an NHS medical card already.

thanks folks, feeling pretty amateur for the current situation!!

[Casa]

Thanks Casa, we've left it late which is causing the problem. Are you saying its too late to apply by post now? with the expiry date being 27/01/16, there's no way the visa will be issued by then with the processing time of 12 weeks? Is the requirement that the visa be issued before the current expiry date? or that the application be submitted before the expiry date?? The visa application must be submitted before the expiry date, either by post or in person by prior appointment at a Premium Service Centre (PSC)

I'll try contacting the airline to see if they'll accept a certified copy of the passport page.

I had overlooked the IHS requirement as well.... I presume she will definitely need to pay for this as well? She has an NHS medical card already. Yes, this will have to be paid online and the IHS number quoted on her visa application.

thanks folks, feeling pretty amateur for the current situation!!

[CR001]

Thanks Casa, we've left it late which is causing the problem. Are you saying its too late to apply by post now? with the expiry date being 27/01/16, there's no way the visa will be issued by then with the processing time of 12 weeks? Is the requirement that the visa be issued before the current expiry date? or that the application be submitted before the expiry date?? She needs to apply BEFORE the visa expires.

I'll try contacting the airline to see if they'll accept a certified copy of the passport page. It won't be accepted, she needs her original passport to travel.

I had overlooked the IHS requirement as well.... I presume she will definitely need to pay for this as well? Yes, £500She has an NHS medical card already. The immigration health surcharge and NHS medical card have absolutely nothing to do with each other. NHS medical card has no relevance to her visa application.

thanks folks, feeling pretty amateur for the current situation!!

Your best option will be to apply for an in person appointment for a same day decision or don't travel.

Edit : #Casa

[pauldm21]

Thanks Casa, apologies but for clarity as long as she applies before the expiry date, that is not considered overstaying?
Could we submit the application (before the expiry) without her passport, and then send the passport a few days later?
As noted above, she has a criminal conviction. Its therefore possible the visa wouldn't be granted on the day. Do you know if that passport would be returned if there is a delay in the visa being granted?

thanks

[CR001]

No, she has to send her passport with her application if applying by post.

Apply in person for a same day decision will be your only option by the looks of things.

[Casa]

No, she has to send her passport with her application if applying by post.

Apply in person for a same day decision will be your only option by the looks of things.

...or cancel your trip to NI and apply by post before the visa expiry date.