ILR question?

[scottishbride]

Hi Guys,

I just want to clarify things with regards to my visa ,my visa is valid from 16/09/09 valid until 16/12/11. My hubby and I might leave Phil. on December 10, 2009. He's on the ship right now and am still waiting for him to get off. Do you think I am not gonna have any problem in future obtaining ILR ? Let say if I enter 11th of December 2009 in UK. I only have 5 days to process it if my 2year visa expires, and how long to process the ILR? I heard it is 1-2 months or so.... Sorry guys, just worried and I don't want any problems in near future just need your advice.

[jaishann]

Hi Scottishbride,

ILR premium application is same day by post mine was 4 months. You can apply ILR 28 days before it expires.

what do you exactly mean when you said you have only 5 days to process?

If you will be here 11 Dec 2009 your visa will not run out till 16 Dec 2011

You can apply ILR 28 days before 16 Dec 2011.

Lets wait for the rest feedback as I may be wrong.

[IainBusby]

Hi Scottishbride,

ILR premium application is same day by post mine was 4 months. You can apply ILR 28 days before it expires.

what do you exactly mean when you said you have only 5 days to process?

If you will be here 11 Dec 2009 your visa will not run out till 16 Dec 2011

You can apply ILR 28 days before 16 Dec 2011.

Lets wait for the rest feedback as I may be wrong.

Correct, You can apply ILR up to 28 days before 16 Dec 2011 and even if you apply just a few of days before it expires out it's OK as long as they have recieved the application before your current visa expires. BTW, if you apply too early (more than 28 days before the expiry date) they can reject the application and you would forfeit your application fee.
Iain.

[WillsG25]

Correct, You can apply ILR up to 28 days before 16 Dec 2011 and even if you apply just a few of days before it expires out it's OK as long as they have recieved the application before your current visa expires. BTW, if you apply too early (more than 28 days before the expiry date) they can reject the application and you would forfeit your application fee.
Iain.

Thank's for your response Iain, Jaishann and for your calarification on the ILR matter, Mel is just double checking to make sure it doesn't cause us problems in a couple of years, it is really close at the moment, I am trying to get off here before the middle of December and fly with Mel and Aisha to the UK. Our daughter is a little hyperactive so a 14hr flight with her will require both of us. Thanks again, William!

[darren-b]

Correct, You can apply ILR up to 28 days before 16 Dec 2011 and even if you apply just a few of days before it expires out it's OK as long as they have recieved the application before your current visa expires. BTW, if you apply too early (more than 28 days before the expiry date) they can reject the application and you would forfeit your application fee.
Iain.

Actually that is not quite correct. You can apply for ILR 28 days before the 2 year anniversary of your arrival in the UK (not the expiry of your visa). So if you arrive on the 11 Dec 2009, you can apply 28 days before the 11 Dec 2011 (about 13 Nov 2011).

[IainBusby]

Actually that is not quite correct. You can apply for ILR 28 days before the 2 year anniversary of your arrival in the UK (not the expiry of your visa). So if you arrive on the 11 Dec 2009, you can apply 28 days before the 11 Dec 2011 (about 13 Nov 2011).

I stand corrected.

[WillsG25]

Thank you chaps!

[scottishbride]

Hi Scottishbride,

ILR premium application is same day by post mine was 4 months. You can apply ILR 28 days before it expires.

what do you exactly mean when you said you have only 5 days to process?

If you will be here 11 Dec 2009 your visa will not run out till 16 Dec 2011

You can apply ILR 28 days before 16 Dec 2011.

Lets wait for the rest feedback as I may be wrong.

Thanks!

[scottishbride]

Actually that is not quite correct. You can apply for ILR 28 days before the 2 year anniversary of your arrival in the UK (not the expiry of your visa). So if you arrive on the 11 Dec 2009, you can apply 28 days before the 11 Dec 2011 (about 13 Nov 2011).

Thank you so much darren-b for the information. :)

[scottishbride]

I stand corrected.

Thanks!

[jaishann]

Actually that is not quite correct. You can apply for ILR 28 days before the 2 year anniversary of your arrival in the UK (not the expiry of your visa). So if you arrive on the 11 Dec 2009, you can apply 28 days before the 11 Dec 2011 (about 13 Nov 2011).

thanks for the information darren-b.

[jaishann]

I stand corrected.

me too.

[DianaKevy]

Actually that is not quite correct. You can apply for ILR 28 days before the 2 year anniversary of your arrival in the UK (not the expiry of your visa). So if you arrive on the 11 Dec 2009, you can apply 28 days before the 11 Dec 2011 (about 13 Nov 2011).

hello darren correct me if im wrong. i arrived here last june 2008 and got my FLR visa last dec 2008 and the expiry is dec 2010.so you mean i can apply for my ILR on may 2010?

[darren-b]

hello darren correct me if im wrong. i arrived here last june 2008 and got my FLR visa last dec 2008 and the expiry is dec 2010.so you mean i can apply for my ILR on may 2010?

No, you need to wait until 28 days before your FLR expires because you came to the UK on a fiancee visa. Scottishbride came to the the UK on a spouse visa so it's different for her.

[jane2009]

Actually that is not quite correct. You can apply for ILR 28 days before the 2 year anniversary of your arrival in the UK (not the expiry of your visa). So if you arrive on the 11 Dec 2009, you can apply 28 days before the 11 Dec 2011 (about 13 Nov 2011).

Is this a new law? just asking..im bit confuse now...my visa expired on november 2010, But i arrived here last august 2008? so when im gonna apply the ILR? just wondering because most of the people here said 28days before your visa expired...thank you for the info....

[darren-b]

Is this a new law? just asking..im bit confuse now...my visa expired on november 2010, But i arrived here last august 2008? so when im gonna apply the ILR? just wondering because most of the people here said 28days before your visa expired...thank you for the info....

This has always been rule for anyone who came to the UK on a spouse visa, though what has changed recently is that spouse visas are now 27 months when they only use to be 24 months.

From http://www.bia.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(m)/

"Please do not send us your application more than 28 days before the end of your two-year qualifying period."

It's only anyone who came here on a fiancee and now has FLR who cannot apply for ILR until 28 days before their visa expires because their visa and their 2 year qualifying period are between the same dates.

[DianaKevy]

No, you need to wait until 28 days before your FLR expires because you came to the UK on a fiancee visa. Scottishbride came to the the UK on a spouse visa so it's different for her.

I see. got it :xxgrinning--00xx3: thanks very much :)

[jane2009]

This has always been rule for anyone who came to the UK on a spouse visa, though what has changed recently is that spouse visas are now 27 months when they only use to be 24 months.

From http://www.bia.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(m)/

"Please do not send us your application more than 28 days before the end of your two-year qualifying period."

It's only anyone who came here on a fiancee and now has FLR who cannot apply for ILR until 28 days before their visa expires because their visa and their 2 year qualifying period are between the same dates.

hi,
thanks for this link...i came here thru spouse visa last august2008 so i need to apply ILR 28days before on august2009...? Just asking is it really base the day when yoou arrived in Uk? because we live in amerika for 2 years with my husband because he was working there? just asking if you could help me...
thank you so much

[darren-b]

hi,
thanks for this link...i came here thru spouse visa last august2008 so i need to apply ILR 28days before on august2009...? Just asking is it really base the day when yoou arrived in Uk? because we live in amerika for 2 years with my husband because he was working there? just asking if you could help me...
thank you so much

Yes it is based on day you arrived in the UK with your spouse visa. So you'll be able to apply sometime in July/early August 2010 depending on the exact date you arrived.

If you had lived with your husband for 4 years prior to coming to the UK it would have been different - you would have been eligible for ILR immediately.

[jane2009]

Yes it is based on day you arrived in the UK with your spouse visa. So you'll be able to apply sometime in July/early August 2010 depending on the exact date you arrived.

If you had lived with your husband for 4 years prior to coming to the UK it would have been different - you would have been eligible for ILR immediately.

thank you very much...i was arrived here last august 26,2008...i really thank you for the info atleast now i start gathering some of the documents....and now i have an idea what are the things that i need to do....thanks again..godbless all of us

[scottishbride]

If you had lived with your husband for 4 years prior to coming to the UK it would have been different - you would have been eligible for ILR immediately.
So am I eligible for ILR immidiately? Because w'eve been living together for 4 years now, and we have a child who is 3 years old.

[darren-b]

So am I eligible for ILR immidiately? Because w'eve been living together for 4 years now, and we have a child who is 3 years old.

No I don't think so. You would have had to live together for more than 4 years before coming to the UK.

[scottishbride]

No I don't think so. You would have had to live together for more than 4 years before coming to the UK.

Ok, Cheers darren!

[darren-b]

Ok, Cheers darren!

Think I might have misled you slightly as I got confused and thought you were already in the UK..

What visa have you been granted? If it's a normal spouse visa then you can't apply for ILR straightaway, but if it's FLE (Further Leave to Enter) you can apply for ILR immediately after you pass the Life in the Uk Test.

[scottishbride]

Think I might have misled you slightly as I got confused and thought you were already in the UK..

What visa have you been granted? If it's a normal spouse visa then you can't apply for ILR straightaway, but if it's FLE (Further Leave to Enter) you can apply for ILR immediately after you pass the Life in the Uk Test.

I've got spouse visa. clear now, thanks! :xxgrinning--00xx3: