Post
by John » Fri Mar 24, 2006 8:16 pm
bbdivo, I don't think there has been a specific announcement about this, but nevertheless it is totally logical.
When WP visas issued for 5 years, but ILR available after 4 years there was not a problem. However now that the visa will still be for 5 years, and 5 years required for ILR, unless the person first uses that visa to come to the UK within 28 days of its stated issue date then there could be a problem when the ILR needs to be made. That is, an application can be made 28 days before the 5th anniversary of the first entry date, and that date needs to be prior to the stated expiry date on the visa.
In concept terms this is completely like the situation faced by say the spouse of a British Citizen issued their two-year spouse visa abroad, who can apply for their ILR after (nearly) two years. Unless they come to the UK within the first 28 days of validity of the two-year visa, they will not have completed enough time in the UK to apply for that ILR.
Is there any helpful information to assist with this situation? Yes there is ... the applicant can ask the British Mission overseas to delay the start date, and therefore the end date, of the visa they are going to issue. The maximum deferment is three months. It is just a request to the British Mission and they don't have to comply, but if the reason for the delay is explained to them the deferred start date is often granted.
That is the EC is agreed on say 3rd April but the person knows they will not travel until say 15th May. Accordingly they might ask the British Mission to issue the EC with a start date of 15th May, or shortly before.
One word of warning, having asked for and been granted a deferred start date ... that's it ... it is no good going back later and saying you want to travel earlier, in the above example, say on 1st May. So a deferment should only be requested when your plans are pretty firm.
John
