ILR - Spousal Extension

[kbahcivan]

Dear Expert,

I am writing to ask about the visa extension options available for my spouse and the process for my ILR application.

My Tier 2 General visa is valid from 17 June 2019 to 27 May 2024. I will complete five years on 16 June 2024, making me eligible to apply for ILR 28 days before that. This means the earliest date for my ILR application will be 20 May 2024. However, my wife's visa starts on 23 July 2019 to 27 May 2024, which begins one month after my visa and expires with it. Unfortunately, she will not complete five years on my application date, so she is not eligible for ILR.

I have two queries:

1. Can my spouse apply for an extension of her visa along with me? (dependant extension under my ILR application)

2. Alternatively, I can apply for ILR and request a one-day decision. After that, my spouse can apply separately for an extension under my ILR visa. Please let me know what your thoughts are.

Thank you,

[zimba]

She can apply early for ILR and delay biometrics until eligible for ILR.
See How to apply early and benefit from the date of the ILR decision ?

[kbahcivan]

Thank you for your response. According to my calculations, she will be eligible for ILR on 24/06/2024 after completing 60 months minus 28 days on her current visa. What would you recommend? Should she apply with us and delay the biometrics until her eligibility date, or should she apply separately on 26/05/2024 before her visa expires and delay the biometrics until 24/06/2024?

[zimba]

Thank you for your response. According to my calculations, she will be eligible for ILR on 24/06/2024 after completing 60 months minus 28 days on her current visa. What would you recommend? Should she apply with us and delay the biometrics until her eligibility date, or should she apply separately on 26/05/2024 before her visa expires and delay the biometrics until 24/06/2024?

2nd option

[kbahcivan]

Hello,

Before submitting the form, I noticed a concern about the line under the children's eligibility section. The line read as follows: "You and your child’s other parent are both currently applying to settle or are already settled." As per this condition, my children cannot apply for ILR with me unless my wife also applies.

A better way is to apply for ILR altogether (I and all dependants) with delayed biometrics, right?

https://www.gov.uk/indefinite-leave-to- ... ly-members

Regards,

[zimba]

Hello,

Before submitting the form, I noticed a concern about the line under the children's eligibility section. The line read as follows: "You and your child’s other parent are both currently applying to settle or are already settled." As per this condition, my children cannot apply for ILR with me unless my wife also applies.

A better way is to apply for ILR altogether (I and all dependants) with delayed biometrics, right?

https://www.gov.uk/indefinite-leave-to- ... ly-members

Regards,

That condition is enforced on the date of the decision, not when you apply !

[kbahcivan]

Our(Main applicant and children) decision date is earlier than my wife's application. You are right if I apply alone, and the children apply with my wife.

What is the risk behind applying altogether with delayed biometrics?

[zimba]

Our(Main applicant and children) decision date is earlier than my wife's application. You are right if I apply alone, and the children apply with my wife.

What is the risk behind applying altogether with delayed biometrics?

As long as you are all eligible on the date of decision, you should be all ok

[kbahcivan]

Thank you, Zimba. You are the star!

It's not a problem for me. I am already eligible on the application date. We will delay biometrics by 30 days for my wife's eligibility on the decision date.

[kbahcivan]

Hi Zimba,

HOW LONG DO I HAVE TO BOOK A BIOMETRIC APPOINTMENT AFTER SUBMITTING ONLINE VISA APPLICATION? (time between online application and biometrics)

My request is to delay the biometric appointment until 23 July 2024, as she will complete five years on this date. Is this possible?

Our application day will be 24 MAY 2024

Thank you for your assistance.

[zimba]

You get up to 45 working days

[kbahcivan]

Hi Zimba,

Zimba, we couldn't have done it without you. Our application was completed successfully, and we are grateful for your guidance and assistance. Thank you. Your advice related to delayed biometrics and "How to apply early and benefit from the date of the ILR decision?" were the key. I could have paid double to extend my current visa and ILR if I had not contacted your website.

Main Applicant
Form submit date:20 May 2024
Biometric appointment: 23 June 2024
ILR approval date: 09 July 2024

My families
Form submit date:25 May 2024
Biometric appointment: 23 July 2024
ILR approval date: 03 September 2024

Regards,

[zimba]

Congratulations
All advice given to you was based on the rules in place, so no surprises.