VISA OUTSIDE IMMIGRATION RULES

[Halkd1]

I applied for my espouse to join me but she was initially refused the visa on the basis that my status at the time of the application does not fulfill the settlement category requirement. The case protracted and finally a senior immigration judge heard and determined the denial as unlawful after 4 years. The British Embassy stamped her passport with a "leave to remain outside of rules". Now she has stayed the requisite 2 years to apply for ILR. I have also since attained British Citizenship. My question is can she apply normally for the ILR now or does this terminology pose any problem? And can she apply through the express service? Many thanks

[Amber]

I applied for my espouse to join me but she was initially refused the visa on the basis that my status at the time of the application does not fulfill the settlement category requirement. The case protracted and finally a senior immigration judge heard and determined the denial as unlawful after 4 years. The British Embassy stamped her passport with a "leave to remain outside of rules". Now she has stayed the requisite 2 years to apply for ILR. I have also since attained British Citizenship. My question is can she apply normally for the ILR now or does this terminology pose any problem? And can she apply through the express service? Many thanks

As far as I know:

"The granting of limited LOTR should not convey any expectation of further leave or eventual settlement. As soon as the period of limited LOTR comes to an end, the person will be expected to leave the UK unless he applies to extend his leave, or has an entitlement to remain on some other basis"

as per http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You need to seek expert advice to see if you have compelling reasons why Indefinite LOTR should be granted.

[satandrive]

I applied for my espouse to join me but she was initially refused the visa on the basis that my status at the time of the application does not fulfill the settlement category requirement. The case protracted and finally a senior immigration judge heard and determined the denial as unlawful after 4 years. The British Embassy stamped her passport with a "leave to remain outside of rules". Now she has stayed the requisite 2 years to apply for ILR. I have also since attained British Citizenship. My question is can she apply normally for the ILR now or does this terminology pose any problem? And can she apply through the express service? Many thanks

Hello Halkd1,

Hope you well.

I am on the same boat as you are.

My wife's appeal is allowed and we got the visa on outside immigration rules in the mean time she has stayed over 2 years qualifying for ILR.

Could you advise if you get anywhere with your situation please?

Many thanks,
satandrive