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yogurts
17th November 2007, 08:44
Hi my wife is a filipino national,we are about to apply for the indefinite leave to remain visa.
A problem has arisen now after speaking to PEO adviser on helpline,they have confirmed that we cannot apply in person and have no choice to apply only by post.
The reason they give is that my wifes UK entry clearance will expire on 29-11-2007 but we did not arrive back in the UK until 29-12-2007,which they say puts us 2 days over the 28 day ruling they have,if we had known about this 28 days we would of arrived back in the uk in time.
The advice we require is because we now have to apply by post we may not get the new visa back in time before the expiry of the old one and because my wife is working would she have to give up her permanent employment,due to the fact her visa has run out,or would she be able to continue with her employment until this is sorted.
Any help will be appreciated.

PS: they also say that we will have to pay £750 for ILR and may have to pay an extra £395 for FLR because of the 2 days over we were.

LadyJ
17th November 2007, 12:22
Hmm. This is one of the top problem for those spouse visa holder , I don't know why the British Embassy is not reminding the applicants that they should enter the UK within 28 days after they received their visa instead of asking on the form 'When do they plan to travel?'.

Simple answer: they don't tell this because so they could get another visa fee from those poor applicants!

>You paid £500 for the spouse visa
>You didn't enter UK within 28 days after visa has been issued, this is because the British Embassy didn't say it clearly. Or I should say this is because the applicants fault???
>the next step - should be the ILR but because of the above issue you will have to apply for FLR and pay £395 by post or £595 by person to extend your visa and complete your 2 year spouse visa in UK.
>Only after few days you have completed your 2 year spouse in UK and after paying £395 for FLR you can now apply for ILR and pay £750 by post or £950 by person.

In one clicked month you have spend a whooping more than £1,000 just for the sticker (and that's excluding the Life in the UK test fee).

And your wife Yogurt, she indeed have to extend her visa to complete her 2 year spouse inside the UK before she can apply for ILR.

This has been discussed here before and the all known JOEBLOGGS (his wife) was on the same problem as you before.

andypaul
18th November 2007, 02:42
Sadly it looks like afters will be suffer the same problem in two years time as i see many get visa and wait a few months to fly over. If you know this might happened make sure you get the visa stamped with a later date.

joyce
18th November 2007, 10:52
when i lodged my application last sept. 26 I wrote there that I intend to travel Jan. 01,2008 but my visa was granted Oct.25, 2007. I will be going in the UK in January so it takes about 3 mos after my visa was granted. My question is, when I apply for my ILR aside from paying 750 I have to pay 395 bcoz I did not travel within 28 days after they granted me a visa?

andypaul
18th November 2007, 11:13
If the visa states it starts on oct 25th then yes that will mean an extension if you entered the uk in jan. As you will not be witin the 28 days.

joyce
18th November 2007, 11:27
If the visa states it starts on oct 25th then yes that will mean an extension if you entered the uk in jan. As you will not be witin the 28 days.

thank you very much for the information Andypaul...