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Spouse ILR application - short of 7 days visa validity

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Kolly B
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Spouse ILR application - short of 7 days visa validity

Post by Kolly B » Fri Jan 05, 2018 12:21 pm

Please forgive me for this, can any one please help with advise on my below situation:

My initial spouse visa was granted on 22 March 2013 therefore my 5 year anniversary is 22 March 2018. Taking 28 days early application into account, I would be eligible to apply on the 22 February. However my visa is valid until 15 February 2018.

I lost about 2 months visa validity in 2015, at the time of renewal because I applied early (not thinking of any possibly consequence like this, I used the premium service in 2015);

So it would appear that two elements had compromised my 5 year count:
1. My 2 months brought forward
2. The loss of 1 month as a result of the initial 29 months visa

I have considered sending a postal application as I am only short by 7 days and before the application gets looked at, it would have passed the 7 days. But I am keen to avoid my application being stuck at the home office for too long due to travel plans.

Please all your help would be greatly appreciated.

Thanks

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CR001
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Re: Spouse ILR application - short of 7 days visa validity

Post by CR001 » Fri Jan 05, 2018 12:36 pm

My initial spouse visa was granted on 22 March 2013
Was this an application for the first spouse visa within the UK or did you apply from abroad??
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Kolly B
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Re: Spouse ILR application - short of 7 days visa validity

Post by Kolly B » Fri Jan 05, 2018 12:58 pm

CR001 wrote:
Fri Jan 05, 2018 12:36 pm
My initial spouse visa was granted on 22 March 2013
Was this an application for the first spouse visa within the UK or did you apply from abroad??
Hi CR001

I was on Post Study Work permit when I applied for the first spouse visa in October 2012 but I received decision in March 2013. I applied for both spouse visa (29 months and 31 months) from the UK

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CR001
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Re: Spouse ILR application - short of 7 days visa validity

Post by CR001 » Fri Jan 05, 2018 1:08 pm

Why did you apply so early in 2015??
Char (CR001 not Casa)
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Kolly B
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Re: Spouse ILR application - short of 7 days visa validity

Post by Kolly B » Fri Jan 05, 2018 2:15 pm

CR001 wrote:
Fri Jan 05, 2018 1:08 pm
Why did you apply so early in 2015??
I had travel plans at the time. To be honest I wouldn't have if I knew it could cause me issues like this.

Kolly B
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Re: Spouse ILR application - short of 7 days visa validity

Post by Kolly B » Fri Jan 05, 2018 8:55 pm

Please suggestions and advise will be greatly appreciated
Kolly B wrote:
Fri Jan 05, 2018 12:21 pm
Please forgive me for this, can any one please help with advise on my below situation:

My initial spouse visa was granted on 22 March 2013 therefore my 5 year anniversary is 22 March 2018. Taking 28 days early application into account, I would be eligible to apply on the 22 February. However my visa is valid until 15 February 2018.

I lost about 2 months visa validity in 2015, at the time of renewal because I applied early (not thinking of any possibly consequence like this, I used the premium service in 2015);

So it would appear that two elements had compromised my 5 year count:
1. My 2 months brought forward
2. The loss of 1 month as a result of the initial 29 months visa

I have considered sending a postal application as I am only short by 7 days and before the application gets looked at, it would have passed the 7 days. But I am keen to avoid my application being stuck at the home office for too long due to travel plans.

Please all your help would be greatly appreciated.

Thanks

vinny
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Re: Spouse ILR application - short of 7 days visa validity

Post by vinny » Fri Jan 05, 2018 11:49 pm

Perhaps apply for SET(M) (option 2) by registered post shortly before expiry of leave and upgrade when eligible, if necessary?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Kolly B
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Re: Spouse ILR application - short of 7 days visa validity

Post by Kolly B » Tue Jan 09, 2018 9:03 pm

vinny wrote:
Fri Jan 05, 2018 11:49 pm
Perhaps apply for SET(M) (option 2) by registered post shortly before expiry of leave and upgrade when eligible, if necessary?
Thanks so much, Vinny! This seems to be the best option and I had never thought of this before. I hope it works

ramimpdocs1
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Re: Spouse ILR application - short of 7 days visa validity

Post by ramimpdocs1 » Sun Jan 14, 2018 2:23 am

Rules are changed on 12th Jan 2018 and considering the visa issued date for the PBS Dependent if travel to UK with in 3 months.. Earlier it's only for Main applicants.

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Re: Spouse ILR application - short of 7 days visa validity

Post by vinny » Sun Jan 14, 2018 2:38 am

Unfortunately, they didn't include people under Appendix FM in the new guidance, yet.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Kolly B
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Re: Spouse ILR application - short of 7 days visa validity

Post by Kolly B » Wed Mar 14, 2018 3:40 pm

Thankful to the forum, especially CR001 and Vinny for your help, and advise. Received BRP letter yesterday - ILR approved.

Timeline below for those who may find themselves in similar situation.

ILR eligibility: 22-02-2018 (after taking 28 days early application into account)
Visa expiry: 15-02-2018

Application posted: 30 January 2018
Payment taken: 01 Feb 18
Acknowledgement Email: 12 Feb
BRP Letter received: 13 Feb 18
Biometrics completion date: 15 February 2018
Premium request Email: 22 & 23 Feb 08:00 am
Premium request Email: 26 Feb 09:00 am (sent an hour later as I had forgotten to send at 8)
Provisional acceptance email received: 26 Feb 12:36 pm
Premium payment taken: 05 March
Letter from Home Office: 13 March (ILR successful)

Any questions, drop a line.

Kolly B
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Posts: 9
Joined: Fri Jan 05, 2018 12:07 pm
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Re: Spouse ILR application - short of 7 days visa validity

Post by Kolly B » Wed Mar 14, 2018 3:41 pm

vinny wrote:
Fri Jan 05, 2018 11:49 pm
Perhaps apply for SET(M) (option 2) by registered post shortly before expiry of leave and upgrade when eligible, if necessary?
Thankful to the forum, especially CR001 and Vinny for your help, and advise. Received BRP letter yesterday - ILR approved.

Timeline below for those who may find themselves in similar situation.

ILR eligibility: 22-02-2018 (after taking 28 days early application into account)
Visa expiry: 15-02-2018

Application posted: 30 January 2018
Payment taken: 01 Feb 18
Acknowledgement Email: 12 Feb
BRP Letter received: 13 Feb 18
Biometrics completion date: 15 February 2018
Premium request Email: 22 & 23 Feb 08:00 am
Premium request Email: 26 Feb 09:00 am (sent an hour later as I had forgotten to send at 8)
Provisional acceptance email received: 26 Feb 12:36 pm
Premium payment taken: 05 March
Letter from Home Office: 13 March (ILR successful)

Any questions, drop a line.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Spouse ILR application - short of 7 days visa validity

Post by vinny » Thu Mar 15, 2018 5:41 am

Congratulations!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hellokittyhannah
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Re: Spouse ILR application - short of 7 days visa validity

Post by hellokittyhannah » Tue Apr 17, 2018 5:02 pm

Hi Kolly,

my husband is in a similar situation, could you tell me if you applied directly for ILR or an extension?
My husbands visa runs out this Friday but he doesn't complete fiver years (after taking 28 days early) until 6/05/18.
I would really appreciate your help as we don't have any time on our side.
Thank you.

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