CHILDREN UNDER 18 SECTION 3

[miluphalu]

Hello,

My initial UK spousal visa was stamped on 29th January 2013 but I did not enter UK until 2nd April 2013. I had renewal spousal visa with expiry date on 28 April 2018. I would like to know if I am eligible to apply for ILR based on 5 year partner route on any day after 2nd January 2018 or I should be waiting to apply until 2nd April 2018 ?

I would really appreciate, if this confusion can be sorted.

Thanks.

[Casa]

The 5 year qualifying period starts from the date of entry into the UK, not the date the visa is issued.

[miluphalu]

Thanks for your reply. However, when I called HO, they mentioned that if date of entry is less than 90 days from the visa issued date then visa date is considered, However, I don't see this information in any of guidance notes or Appendix that is published. Hence I was asking.

[zimba]

Thanks for your reply. However, when I called HO, they mentioned that if date of entry is less than 90 days from the visa issued date then visa date is considered, However, I don't see this information in any of guidance notes or Appendix that is published. Hence I was asking.

That is ONLY true when you are the main applicant NOT a dependent/spouse

[miluphalu]

Why would there be differentiation from main applicant and spouse ? Also in earlier posts few months back on same topic someone told visa date so very confused.

[zimba]

indefinite-leave-to-remain/please-help- ... l#p1550221

[miluphalu]

Thanks bur what is PBS dependant ? My spouse is British citizen. Does it apply to me ?

[zimba]

Thanks bur what is PBS dependant ? My spouse is British citizen. Does it apply to me ?

Point Based System Migrant dependants. However the rule applies to ALL family members, either under PBS system or spouse visa

[Casa]

Further to the advice you've been given here, you should be aware that the HO 'help line' is outsourced and the agency staff are known for giving incorrect advice, even on the simplest of immigration issues. Call them 10 times and you're likely to be given 10 different answers.

[miluphalu]

Thanks. so when is the earliest date I could apply ? would it be 28 days before completion of 5 years of date of initial entry or have to wait till 5 years get completed ?

[makky86]

Thanks. so when is the earliest date I could apply ? would it be 28 days before completion of 5 years of date of initial entry or have to wait till 5 years get completed ?

You can apply within 28 days before completing 5 years. You entered in the UK 2nd April 2013 so you will complete 5 years on 2nd April 2018.

You can apply from Monday, 5 March 2018 but to be on the safe side, you apply on or after

Tuesday,6th March 2018

https://www.timeanddate.com/date/datead ... ad=28&rec=

[miluphalu]

Thank you so much for your great advice !

[miluphalu]

I am on spousal visa married to British citizen. I was given further leave to remain in September 2015 after completing first 30 months. However in March 2016 we had a child and have been claiming child benefit under my spouse name. Would this impact my application when I apply for indefinite leave to remain next year ?

[CR001]

No impact.

[miluphalu]

Hello, I was looking at the latest guidance notes published by Home office and it mentions the following:

One of the requirements is that you have completed 24 months (under Part or 60 months (under Appendix FM) with leave to enter or remain as a partner or parent. That period runs from the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from the date on which you were first granted leave to remain in the UK in the relevant category.

does the statement after 'or' means visa stamped date ?

[CR001]

does the statement after 'or' means visa stamped date ?

Do you mean 'or' in the bit below? If yes, then it only means from the date you got a visa while IN the UK, i.e. not an application from outside the UK.

That period runs from the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from the date on which you were first granted leave to remain in the UK in the relevant category.

If you got your original spouse visa outside the UK, your residency period starts from the of ENTRY to the UK.

[miluphalu]

Thanks. that clears the confusion.

[miluphalu]

If the ILR 5 year route spousal visa is a straightforward case with all requirements met and required documentation, typically how long decision is made in a postal application ?

[CR001]

Anywhere between 8 weeks and 6 or 7 months.

[miluphalu]

Hello,

I have done Masters degree in Engineering from USA taught in English. During my spousal visa application and further renewal, I had provided certificate and accompanying letter from University that degree was taught in English. However, now I am in the process of ILR, do I need to get UK NARIC confirm the degree ? or previous degree submissions would be enough ?

[miluphalu]

Could you please advise so I gain understanding if I need to apply for UK NARIC to verify ?

[miluphalu]

I would appreciate if you could please respond to my question above ?

Thanks.

[miluphalu]

I am applying for ILR based on 5 year spouse visa. My wife is British and my child is British also. Do i need to take my wife and child during my premium service appointment ?

[Casa]

Your wife must attend with you. If she is unable to she will have to provide a letter explaining her absence. There's no requirement to take your child to the appointment.

[miluphalu]

Hello,

I came to UK on initial spousal visa and had renewal spouse visa in October 2015 and applying for ILR based on 5 year route in April 2018. I would like to know the documents should be from 2013 onwards or just after October 2015 for ILR application ?

Thanks