ILR question

[Diva]

Hi guys,

my husband entered the UK last year (October 2007) on a spousal visa.

However, his visa was issued on August 2007 but due to the sudden death of his Nana he was unable to travel to the UK within the 28 days. He had no problems entering the country and we were told he should carry any documentation to prove what caused the delay.

Now my question is will we be able to apply for his ILR in 2009 or will we need to apply for an extention visa (I'm guessing that isn't the professional name used for them ).

I've called a few advisory services and have had conflicted answers. One advisor said that due to the fact you are able to spend up to 90 days out of the country he will be fine. But I'm concerned that as he entered the UK late this will not be the case.

If we cannot apply for his ILR will he need to complete another 2 years before he can apply for it?

Anyone had any similar experiences?

My husband has a 24 month spousal visa, issued in Karachi.

Regards,

Diva

PS, apoligies if this has been asked before-I've done a quick search and cannot find the answer to my question (s).

[jimmymcad]

I presume your husband did not enter UK within 28 days but after two mionths. SO ILR clock starts the day you arrive in UK. Yes, he may needs few months more to complete his ILR. He needs to apply for FLR. As he is your dependent he should complete his 2 years continuous in Uk and then claim for ILR 28 days before. Hope it helps. Please read the following.

http://www.immigrationboards.com/viewto ... 105#133105

[Diva]

Hello,

yes that is correct he entered the UK two months late.

Will the ILR qualifying 'clock' start ticking from all over again or will the previous 22 months my husband has completed be counted towards it?

Regards,

[jimmymcad]

he just needs to have 2 year continuous, if he is short of 2 months, he need to complete his 2 year and afterwards he is eligible.

[berkshire1987]

Hello,

yes that is correct he entered the UK two months late.

Will the ILR qualifying 'clock' start ticking from all over again or will the previous 22 months my husband has completed be counted towards it?

Regards,

Ok visa issued in Aug 2007 but entry to UK on October 2007. Clock clicking as of October 2007. He will need to get FLR and stay and wait 2 months in order to meet the 2 years before obtaining ILR.

The 2 years begins on the date of entry to the UK. So he will have only been here for 22 months.

The 90 days relates to people that have arrived and remained in the UK but have been absent for 90 days within the year preceding application for ILR.

[Diva]

Thank you guys for the help

Diva

[eliasuk4u]

See also
http://www.immigrationboards.com/viewtopic.php?t=29316

[eliasuk4u]

He will need to get FLR and stay and wait 2 months in order to meet the 2 years before obtaining ILR.

Not really, It changed now. ILR can be applied directly, saving £395 pounds applying FLR (M) by post.

[berkshire1987]

He will need to get FLR and stay and wait 2 months in order to meet the 2 years before obtaining ILR.

Not really, It changed now. ILR can be applied directly, saving £395 pounds applying FLR (M) by post.

[Diva]

Hi folks,

oh thank you for that info! I've had a look at the other thread-I'm finding all this business very confusing

But hey ho, I will try and get the information in writing (if that is at all possible).

So if there is no need for FLR if you are short 2 months and the application can be put on hold until you qualify are you not illegally staying in the UK for those two months whist you wait around for when you qualify for ILR ?

Sorry, that maybe a silly question but I'd rather ask on here where people are friendly

Diva

[eliasuk4u]

Diva,
It IS very confusing indeed and there is no concrete information to cover yourself (Apart from one in this forum). I am in the same situation as your husband and applied FLR(M) instead of ILR simply because I don't want to take chances and its the risk not worth it.

http://www.immigrationboards.com/viewtopic.php?t=30589

[berkshire1987]

Hi folks,

oh thank you for that info! I've had a look at the other thread-I'm finding all this business very confusing

But hey ho, I will try and get the information in writing (if that is at all possible).

So if there is no need for FLR if you are short 2 months and the application can be put on hold until you qualify are you not illegally staying in the UK for those two months whist you wait around for when you qualify for ILR ?

Sorry, that maybe a silly question but I'd rather ask on here where people are friendly

Diva

Diva,

Apply for FLR in order to bring the total stay in the UK to a total of 24 months. Then the application for ILR can be made 28 days (4weeks) before the end of the 24 months stay is complete. So for arguments sake, say he arrived in the UK on 30th October 2007, ILR can be applied for on 2nd November 2009. However, the current visa expires in August 2009 right? So to cover the remaining time it is best to get FLR(M)