Ilr Or Flr.

[Trebilcock]

Hi. My wife's 2 year Settlement visa expires in April, and for various reasons I'm worried we might not get Idefinite Leave to Remain. With hindsight I should have put more things in our joint names as evidence of living together. We also have that apparently common problem of her not arriving in the UK within 28 days of the Settlement visa being issued, although I think I know how to get around that. We also narrowly failed the Life in the UK test (by one question) this week, although I think we'll crack it in a couple of weeks. So, in view of all this, and the fact we have a baby due in mid April, would it be a better option to apply for Further Leave to Remain this time around, and go for ILR when we are better prepared, say in another two years? If we went for ILR now and failed, would they be likely to offer FLR instead, and would it mean paying for both applications? Any help or advice would be extremely welcome. Thanks for reading.

[GU22]

Take the test again, and pass it! If she hasn't passed it in time then she will have to apply for FLR.

Assuming she does pass, then apply for ILR, including as much evidence in joint names as you can and topping it up with evidence addressed to each of you individually.

When does her visa expire, and when is the 2nd anniversary of he first entry? Post the application (by recorded delivery at least) on the last day of her visa, and pay the fee by cheque. Her visa will automatically be extended until the decision is made, but they will not look at the application until the cheque has cleared, by which time she may be within the 28 days.

At worst, if they refuse her ILR they will at least grant her FLR so she can become time qualified. Unfortunately, if this happens then you will have to fork out another fee.

[Mahout Angrit]

With hindsight I should have put more things in our joint names as evidence of living together.

It's not joint names that is necessary it is in her and your names to the same address. Doesn't she have any doctors letters, NHS letters etc addressed just to her.

We also have that apparently common problem of her not arriving in the UK within 28 days of the Settlement visa being issued, although I think I know how to get around that.

If it's only a few days over then squeeze it like GU22 said

We also narrowly failed the Life in the UK test (by one question) this week, although I think we'll crack it in a couple of weeks.

Only one question? you can pass it next time, you can have as many tries as you need, you can sit it every 7 days if necessary.

So, in view of all this, and the fact we have a baby due in mid April, would it be a better option to apply for Further Leave to Remain this time around, and go for ILR when we are better prepared, say in another two years? If we went for ILR now and failed, would they be likely to offer FLR instead, and would it mean paying for both applications?

Yes you can apply for ILR anytime but it will cost you another application.

[Trebilcock]

Just to say thanks for the encouraging replies folks. SWMBO is swotting for the Life In The UK test, and we hope to pass in a couple of weeks. Failing that, we'll probably just go for the FLR for the time being.