request for confirmation - ILR

[jbt]

hi guys,

i've read in the forum that after you got your spouse visa you must not exceed 28 days and must come to the UK.

i apologize for this post, its just that im a bit worried coz im gonna be applying for ILR or visa extension(not yet sure)and just needed some of your comfirmation and advice.

i've got my spouse visa dated september 06,2006 and arrived in UK on October 02,2006 making it 27 days before i arrived here in UK. My visa will expire on September 6,2008, but i guess you must complete 2 years stay here in the UK before you can apply for ILR, i will only complete my 2 years stay here by October 2,2008, im a bit confused, shall i apply for ILR or do i need to apply for extension first?

Thank you all.

Jbt

[Eljohno]

As far as i am aware the fact that you did not go over the 28 days you should be ok to apply for the ILR. We got caught out on that and had to get an extension first costing us £595 + hotel and flights but you will be ok!!

[nethlewy]

I too can't understand the information I have found regarding the rules of being here for two years before you apply for ILR.

My wife's spouses settlement visa is valid from the third of October 2007 although she did not arrive in the UK until the second of November 2007 meaning that at the expiry of her visa on the 03/10/09 she will be thirty days short of the two years.

Will this mean we have to apply for an extension or further leave to remain before we can apply for ILR.

Any help would be appreciated.

[darren-b]

If you came to the UK less than 28 days after you received your spouse visa you don't have to apply for an extension first. If it was 27 days just post your application by special delivery the day before your visa expires (or apply in person).

I know there are people who came to the UK just over 28 days after getting their spouse visa who got away with not getting an extension by sending it as late as possible and paying by cheque. They won't process the application until the cheque clears so by the time the caseworker sees their application it was within 28 days of the 2 years.

[scott&ligaya]

As I understand it you can apply after 23 months "in country" as it were so your 27 days should be ok but the 30 days is right on the edge. I saw a thread on this here before applying for spouse visa and asked the ECO if he could date the visa just before intended travel date and he did. In our case visa was granted on Feb 21 but Ligaya and our new baby(reason for delay) arrived on saturday and her visa date is 10th April. The advice on this site saved me £600 and the hassle of applying for Further leave to remain(FLR) for a few weeks only. Search for the thread under FLR, good luck

[joebloggs]

enter the uk within 28 days of the start date of your spouse visa, if its more than 28days, you risk the chance of losing your money and having to apply for FLR. and if you've left it too late, and worse comes to the worse, you will have to leave the country and apply again for a spouse visa, you really don't want to do that

you don't have to be in the uk 2years, what you can do is apply upto 28 days b4 you've been in the uk 2 years, not a day sooner, but you have to watch the expire date on your visa.. becuase your visa might have expired b4 your in the uk 2years-28days, and like i said you cannot apply for it more than 28 days before you've been in the uk, you can apply a day b4 you've been in the uk 2yrs, not a good idea, as if there is a problem with your app and its refused or it gets lost in the post, then your visa may well have expired, and you've no time left to sort the problem or apply again and you might have to leave the country..

so my advice is apply for ILR asap, and if you've entered the UK more than 28 days after the issue date, you will need to apply for FLR, which usually will be granted until you've been in the UK 2 yrs. but if you entered the UK say 29 to 35 days after the issue date, you may well get away with it, but you do risk losing your money, and anything more than say 40 days i wouldn't take the risk.. to be safe your'e better off applying for FLR.

[jbt]

thank you so much for all your help and advice and thank you so much for this site so helpful and full of wonderful and friendly people.

[tomoboyle2000]

HELP! after reading this thread i'm a little confused ....? my spouse visa started on the 19-9-07 and it will expire on the 19-9-09, i entered the uk on the 12-10-07 this is 23 days i'm in within the 28 period can you tell me what i need to apply for now? please.

[nethlewy]

When you are approaching the expiry date (19/09/09) of your Spouses Settlement Visa you should apply for Indefinite Leave to Remain (ILR) if you intend to remain in the UK for a further length of time.