Indefinite Leave Application!

[caledonia]

Hello all,

Anyway just a couple of questions I was hoping you knowledgable people may be able to help with??

1)- Hubby's Indefinite leave application is due at the end of the month, life in UK test done and dusted, all 20 documents needed all sorted but I just wondered if anyone knew the current processing times. According to their information 70% are 8 weeks and 90% are 17 weeks - now I know nothing moves fast in the Home Office but no doubt we will be in the 90% and frankly 17 weeks seems a rather long time for them to have our passports!

2) - I know I have explained this before but it was about a year ago and view may have changed. So I was so glad he got his visa that we didn't realise he had to travel within 28 days or we had problems so we have the situation where on the weekend he qulaifies for indefinite leave on the sunday but his visa expires on the saturday - so hmm at midnight on Sat his visa expires and then he meets the 23 months rule. Now I HOPE that whoever deals with the application is not going to charge £350 or whatever it is now for a 24 hour extension but hey - they have did worse I am sure. Anyone had any dealins recently where timings have been this close. The advice last year was to send in a cheque - which they will wait to clear. So we are senidng in the app to arrive friday with a cheque and hope they process it!!!!

3) - I know there are offices you can apply in person and Glasgow ain't too far away and frankly I would rather pay the extra £200 for the peace of mind than have all our stuff floating about in an office for 17 weeks. I did read before that you can apply earlier in person on the IND website but now I can't find that info anywhere! Is this true or are we risking getting pulled up in the problem we have with our 24 hour short of qualification time!! Is it just me that find the new (or not so new) Border and Immigration Agency website a lot less user friendly than the old IND - pah!!!

Sorry this is rather long winded - I never manage to explain things well!!!

Any views/opinions/experiances would be much appreciated!!

Oh another thing - we do have some joint documents that we are submitting but a lot are utility bills which are online - does that matter and are they funny when you have to produce single accounts - we don't have joint accounts cos hubby is rubbish with money (well thats my view lol!) so I keep my bank account to myself thank you very much. Surely in this day age we all bank online and women have their own finances - if they want!

They also say you should show evidence of having notified the relevant government agencies - like who? Only relevant to tax credits etc is it? This kind of stumped me on the form - and not sure how I haven't noticed it before!!

Sorry so many questions!!!

[the scouser]

I don't know if I can answer everything in one go: after all, I've had a few beers Sing(ha) tonight.

The crux of the matter appears to be the timing. Your husband cannot apply for indefinite leave until he has done two years in the UK, although the BIA accepts applications twenty-eight days before the deadline. In theory, if his application is dated prior to those 28 days, then he may be either refused or given a bridging period, after which he'd have to make another application.

By all means make an appointment at the PEO in Glasgow, but don't be surprised if they decline to deal with the application on the day.

Scouse.

[caledonia]

I don't know if I can answer everything in one go: after all, I've had a few beers Sing(ha) tonight.

The crux of the matter appears to be the timing. Your husband cannot apply for indefinite leave until he has done two years in the UK, although the BIA accepts applications twenty-eight days before the deadline. In theory, if his application is dated prior to those 28 days, then he may be either refused or given a bridging period, after which he'd have to make another application.

By all means make an appointment at the PEO in Glasgow, but don't be surprised if they decline to deal with the application on the day.

Scouse.

First of all thanks very much Scouser - I appreciate the feedback.

so it would be better to post it and just hope they feel generous. I realise they can still refuse it but crikey it makes me mad that the question 'when do you propose to travel ' is on an application that they no fine well folk aren't booking anything until they have the settlement visa. So we put asap and so they dated it that day - fair enough - then we had to get a flight. Water under the bridge I know but jeese would it be too much for them to point that out - ofcourse it would - as this way they can maybe get an extra £350 quid!

Basically there is just 24 hours in it - thats what is really driving me insane!

If we send in £750 can they just use part of that for a bridging visa and then keep the remainder as I know they don't refund rejected applications.

Would it even be worth calling Glasgow to ask or would that be a waste of breath. They can't even do the bridging visa can they so even if we decided to try and get an extension that in itself takes weeks.

Serioulsy this whole thing is so frustrating it drives me up the wall - I have been worrying about this for nearly two years - all because I didn't know they would actually date the visa that day! Who on earth is going to fly out the date the visa is issued !!!

Edited February 10, 2008 by caledonia

[caledonia]

Sorry - yet more questions.

So if we decide to apply for an extension of leave it is exactly the same requirements, just a different application form which can also be done in Glasgow in person - again 17 weeks processing - silly length of time! But thats the deal?

So new forms come out later this month for application after 29th of february - so we just have to sit tight and wait for them to appear on the web site?

I am still struggling with the fact that by trying to get a BA flight back from lagos and avoid the unecessary drama of a transit visa from another EU country and flying direct to London, we have added £395 onto the visa bill, but in fact $595 if we do it in person.

My mother (bless her) seems to think the PEO are very nice to British people as she has been twice and said both times they were lovely - hmmmm not sure I believe her!!

Edited February 10, 2008 by caledonia

[the scouser]

Perhaps make a postal application for indefinite leave and enclose a letter in which you outline the dilemma which your husband faces and basically plead to the better nature of the caseworker. I am aware of one member of this forum whose wife made an application for indefinite leave which was declined for other reasons, and at least the BIA had the good grace to refund £355.00 of the original £750.00 paid.

Scouse.

[caledonia]

Do you think that would work? The more I think about it the more panic mode sets in!

I was contemplating calling Croydon tomorrow - not that I imagine they would be much help but to see what they advise with the scenario that app goes in Friday, his visa has not expired, app goes in Monday and his visa has expired but he is eligible and see what they suggest - long shot I know!

We had really hoped to apply in person as hubby's employment contract ends in March and frankly either Scottish employers are acting daft or taking the immigration rules too far but he has lost out on so many jobs cos of his visa situation - I can only imagine what it will be like when he says 'Oh croydon have my passport for the next 17 weeks!!'!

Perhaps the PEO would also be good enough to refund £355 or I am hopnig too much???

[caledonia]

Just to update - called Croydon and spoke to a very helpful lady...after hours of trying to get through.

She went through all the specific dates with me and said that technically he should be applying for FLR but given the time frame and the fact the visa expires at midnight, just as he qulifies for ILR we would not be expected to apply for FLR - she was very clear on this.

She did advise that he cannot apply in person because of the way the dates fall but has to apply through the post. She instructed that we post the application the date his visa expires, I thought they had to have it by then but I clarified this several times and she was clear it is the post mark that is important and I volunteered to get proof of postage even though it will be sent Special Delivery. She then explained that by sending it the day his visa expires, they will receive it the day after he is eligible (a Monday, as he is eligible Sunday).

I offerred to put a letter in, she said it would not be necessary. However for peace of mind I will - citing when I called and when I was instructed to do this. She was very particular in the questions she asked - so finally confident that it will be ok - well dates wise anyway!!

Thanks again - I can bare the postal weight time rather than an extra £400!!!!!

Edited February 11, 2008 by caledonia

[the scouser]

That's a bit of good news for you.

Scouse.