Indefinite Leave Application ....again No Doubt!

[caledonia]

Apologies for bringing up an old topic which has been gone over many times before!!

I had thought that someone could apply for their indefinite leave 23 months after they arrived initially arrvied in the UK. However on further reading of the Home Office Website I realise it's actually 28 days before their two year mark.

I knew that my hubby was cutting a bit close with the date he had come over, purely because we were not aware of this issue at the time of arranging his flight (maybe I just didn't hear it being explained by the ECO after my relief at approal!!).

So his visa was issued on 1st March 2006 and he arrived 30th March 2006. So his 28 days before he can apply is Sunday 2nd March 2008 (I know I am asking well ahead of time!!) so you see we have a 24 hours between his visa expiring and being eligible to apply and I really hope that given this is all on a weekend and therefore not working days they maybe generous and not expect hundreds of pounds for an extension of 24 hours. Does anyone have any experience of this and how strict they are on early applications or days or two oversights!!!

Which brings onto my next quiestion - do they need to have received the app before the visa expires i.e we send it 28th feb they receive it 29th feb or does it just need to be sent before the visa expires ie. we send it 29th feb and they receive it Monday 3rd March - arriving after his visa has expired but having been sent before it did!

Apologies I know these are all very specific but I thought it was a month and we could have just got away with it but I am worried we are going to end up needing an extension!!

P.s On a totally different matter what happens when the passport the visa is in is due to expire before the visa? I know he will need a new passport by the end of the year but do we need to have it transferred into a new passport or is it ok as long as he is in possession of both passports?

Muchos gracias and apologoes I have not been around as much - sadly my brother moved out and took away my broadband sob sob so have to sneak on in lunch hour!!!

[Mossfinn]

P.s On a totally different matter what happens when the passport the visa is in is due to expire before the visa? I know he will need a new passport by the end of the year but do we need to have it transferred into a new passport or is it ok as long as he is in possession of both passports?

When you get the new passport, it is just as easy to carry both passports with you, there are alternatives but I find this the best way.

As for your first question, it has been asked before and there have been differing replies, I found it a little confusing without going back and reading them, so it is best for one of the others to answer.

Good Luck

Moss

[caledonia]

P.s On a totally different matter what happens when the passport the visa is in is due to expire before the visa? I know he will need a new passport by the end of the year but do we need to have it transferred into a new passport or is it ok as long as he is in possession of both passports?

When you get the new passport, it is just as easy to carry both passports with you, there are alternatives but I find this the best way.

As for your first question, it has been asked before and there have been differing replies, I found it a little confusing without going back and reading them, so it is best for one of the others to answer.

Good Luck

Moss

Thanks for that Moss - I thought it might be the case he could just carry both but it changes that much i thought the UK might be saying folk had to pay to tranfer them!!! So he could travel in possession of both too or am I getting carried away?

Hopefully someone will know specifics about the other matter!

[Mossfinn]

P.s On a totally different matter what happens when the passport the visa is in is due to expire before the visa? I know he will need a new passport by the end of the year but do we need to have it transferred into a new passport or is it ok as long as he is in possession of both passports?

When you get the new passport, it is just as easy to carry both passports with you, there are alternatives but I find this the best way.

As for your first question, it has been asked before and there have been differing replies, I found it a little confusing without going back and reading them, so it is best for one of the others to answer.

Good Luck

Moss

Thanks for that Moss - I thought it might be the case he could just carry both but it changes that much i thought the UK might be saying folk had to pay to tranfer them!!! So he could travel in possession of both too or am I getting carried away?

Hopefully someone will know specifics about the other matter!

Hi Cal,

I am not aware of the new changes affecting this issue, but I am also aware it could be on the next round of stealth taxes.

I am not sure what you mean by your next question? he just needs to carry both passports, the old one with the relative visa and the uptodate PP.

Cheers

Good Luck

Moss

[the scouser]

Caledonia,

In theory, your husband will be a day short and the Home office would, technically, be within their rights to refuse an application for ILR solely on those grounds. However, it would be a very harsh decision, and your husband should apply for indefinite leave anyway.

I don't know if you're aware, but the cost of ILR applications will be rising to £750.00 from Sunday, and from 2 April the requirement to demonstrate ability in English and citizenship is being introduced in relation to those applying for ILR. Consequently, your husband will also have to either take an ESOL with Citizenship course, or sit the Life in the U.K. test.

All the best,

Scouse.

[Mahout Angrit]

Further to what Scouse and Moss have said I also remember the previous threads and I believe the answers went something like " Send it before it expires and pay by cheque, they wont process anything until the cheque has cleared and by then you will be within the 28 days." so if you time it right it can be done.

As for the visa in passport issue, the recommendation to carry both is the cheapest and satisfactory but if you really did want to transfer the visa to the new passport you can but at a current fee of £150. A lot of money just to avaoid carrying old and new passport together.

[the scouser]

With regard to the passport issue, your husband may travel in possession of both the old and new passports. The Home Office do charge to transfer conditions of stay from one to the other.

Scouse.

[caledonia]

Thanks to everyone for your replies. I think we shall just fly by the seat of our pants and send it courier so it arrives the 29th, day before it expires and two days before he is allowed but as all the specific dates fall on a weekend that might just help us as it is only a working day early. The cheque idea sounds like a good one too - will bear it in mind.

As for the passport issues - thats good news too. I think I had thought he could have the visa in his old passport as long as we did not intend on travelling - so now we can. Not that there will be any holidays for a while with a new fee of £750!!! Oh my goodness - how ridiculous!!! - I might just have to use plastic for that kinda money!!

Thank You