I am worried...need your advise

[karwan1]

Hey guys,

Hope you all are well; I have a question to ask and need your advice please. I am a British citizen, married to a foreign wife; she is not from EEA countries. My wife is living with me here in the UK as a spouse to a British citizen on a spouse visa. Now so far so good, however, was just checking new rules in this matter and got myself a bet worried. When my wife had her spouse visa approved, we delay her entry to the UK by 2 month and 27 days (less than 3 months) due to personal circumstances. She has been her for about 9 months, here visa will expire in 13 months, so, when she finish 2 years to apply for ILR there will be only few days left on her visa, I understand she can apply 28 days before her visa expire, I am not sure about this and need some on advise on this regard. I just have read something in the home office webpage like this:

If you were given a visa in this category but you then delayed your travel to the UK by up to 3 months, you can apply for settlement using application form SET(M) shortly before your visa expires. Provided you meet all the other requirements, we will put your application on hold until you have completed your 5 year qualifying period in the UK.

Can somebody explain to me what this mean exactly....can she my wife apply 28 days before her visa expire, or based on the above and new rules now she needs to wait 5 years....your comment will be highly appreciated. Thank you.

[Casa]

It's not 28 days before expiry...it's 28 days before the equivalent date 2 years ago when she first arrived in the UK, but no later than the expiry date. She won't have to wait 5 years as she's is under the old rule.
If you want to post the date of her arrival, I can tell you when she can apply.

[karwan1]

It's not 28 days before expiry...it's 28 days before the equivalent date 2 years ago when she first arrived in the UK, but no later than the expiry date. She won't have to wait 5 years as she's is under the old rule.
If you want to post the date of her arrival, I can tell you when she can apply.

Thank you so much...this is reassuring...she arrived on 16/10/2011.

[asim72]

She can apply on or after 18/09/2013 (this is 2 years minus 28 days)

You said she has been in UK for 9 months and her visa expires in 13 months.
And she arrived 2 months 27 days late. That works out to be a 24 months visa. But spouse visas are issued for 27 months, arent they.

[karwan1]

She can apply on or after 18/09/2013 (this is 2 years minus 28 days)

You said she has been in UK for 9 months and her visa expires in 13 months.
And she arrived 2 months 27 days late. That works out to be a 24 months visa. But spouse visas are issued for 27 months, arent they.

Her visa was issued on 18/07/2011 and will expire on 18/10/2013, so this means it is valid for 27 months as you said, but then I have mentioned she was delayed entry to the UK for about 3 months ( 2 months and 28 days), so what left since entering the UK land is 24 months, and that was the reason I have asked when we apply in 15 months time ( from now till 18/10/2013, I calculated 13 months and I was wrong) for her ILR then only few days will left before visa expire completely, but as you guys mentioned if she could apply 28 days before the 2nd anniversary of the date she arrived in the UK then there should be no problem for us. Thank you for your input, it was really helpful.

[asim72]

And thanks for your input about our input.

Don't know where this world would be without our "ever so helpful and invaluable input"



Good Luck.

[tamilmaran]

Ideally your wife can apply exactly two years from the date of issue of the VISA. UKBA will hold for completion of two years in UK.

It is better you apply on 18-09-2013 ( minus 28 days ) on actual completion of two years in UK

All the very Best

[Casa]

Tamilmaran may have confused the issue with this statement:
It is better you apply on 18-09-2013 ( minus 28 days ) on actual completion of two years in UK

Your wife won't have completed 2 years when she applies 28 days before the anniversary of her entry date. The 18/09/13 application date however, is correct.

Also, never trust that the UKBA will 'hold an application' until your qualifying date. They will simply reject it as invalid.