Need an advice on applying 10 year long residency

[kya1104]

Dear All

I am preparing to apply for a long residency(10 years) but I am in a tight hand situation and I would love to get other people's opinions and thoughts on this.

-I am on a dependant visa on my husband's student visa (my husband has been waiting for ILR decision for 4 months now)

-I am planning to apply for my own ILR after my husband's case being decided
(it would be a discretionary case as I have a 6 weeks gap in my 10 years)

-my husband and my visas would have intially expired june 2013, but now I am informed that my husband's visa has been shortened to july 2012( this will probably implies my visa being shortened too? however I have a biometric card stating an expiry date of june 2013)


my question is: if my husband gets a decision after this july and I apply for mine afterwards, would it be an out of time application? If my application turns down for some reason, would I be with no leave at all which means I need to leave this country?

It is only less than 2 months left before a visa expiry date, it is a wise decision to apply for a student visa right this moment so I will at least earn the time before applying for ILR?


any ideas and opinions would be so much appreciated! thank you so much

[geriatrix]

my husband and my visas would have intially expired june 2013, but now I am informed that my husband's visa has been shortened to july 2012( this will probably implies my visa being shortened too?

Yes.

however I have a biometric card stating an expiry date of june 2013)

So does he (or a vignette in the passport). But still his leave has been reduced, as you say.

That said, how do you know that the leave has been reduced? Does he / you know why? Has this been communicated to you by UKBA?

[kya1104]

thank you very much for a quick reply!

It's because my husband decided to skip a part of his course, but he only informed me about visa issue now.

IF my hubby is granted for ILR and mine is not(I will have no leave by then), do you think I will have a chance to apply for spouse visa or I will simply have to leave the country with my child?

thank you so much for your advise again

hope for the best for all

[geriatrix]

FLR(M) (285) requires valid leave, i.e. - out-of-time FLR(M) application will fail.

Given that you are aware that you do not meet the requirements of settlement under long residence, IMHO, you should apply for FLR(M) before your current leave expires (which, AIUI, will also have been reduced if your spouse's leave has been) and worry about settlement (under long residence or as spouse of settled person) later.

[kya1104]

thank you sushdmehta...it is so much of help!

Hope I will come back with my success story on getting ILR!
best wishes to all