I'd be very grateful for thoughts on my spouse's situation.
The relevant facts are:
- Entered the UK in September 2011 on a post-study work visa
- Obtained spouse visa in person (in the UK) on 30 August 2013 - BRP issued with expiry date of 28 Feb 2016
- Renewed spouse visa in person (in the UK) on 22 Feb 2016 - BRP issued with expiry date of 28 Aug 2018
With hindsight, we should have asked for the second BRP to be reissued with an expiry date of 31 August 2018 (as that would have been a full 30 calendar months from the end of the expiry of the first period).
From reading similar articles on these boards, it would seem that, provided the ILR application (using form SET(M)) is made on or after 1 August 2018 (i.e. no more than 28 days prior to 29 August 2018, which would be 60 months from the date the first visa was granted), then the Home Office will regard the time requirements as satisfied. Do you agree?
If so, can anyone point me to the bit in the immigration rules that states this? I note that the SET(M) guidance notes state: "Please do not apply more than 28 days before completing that period", which suggests they will consider applications prior to the 60 month completion date. This is seemingly at odds with the actual rules in Appendix FM, which state "The applicant must, at the date of application, have completed a continuous period of ... at least 60 months in the UK" (i.e. you can only apply once you have completed the 60 months - which in most cases gives you a day on which to apply before your visa expires). Presumably the rules were badly written and they choose to interpret this requirement as being satisfied if you apply no more than 28 days prior to this date?
Separate to the timing question: my spouse is pregnant with our first child (who will be a British Citizen from birth). The child is due shortly after the application will be submitted. It is it worth mentioning this in section 8D ("Other Information") to be able to argue that "Section EX: Exceptions to certain eligibility requirements for leave to remain as a partner or parent" applies? (All of the eligibility requirements should be satisfied, but we might as well ensure we qualify for this in case of any problems).
Very grateful for any thoughts. Many thanks.
