When Does 2 Year Qualifying Period Start?

[benjy_a]

Sorry if this has been asked before but I can't find it anywhere....

My (now) wife has been in the UK since September 2006...at that time she came as my girlfriend on a visit visa.

After 6 months she retuned to Thailand for just over 1 month and then returned to the UK on 2nd May 2007 on a fiance visa.

We married on 15th September 2007 and FLR was granted on 11th October 2007.

Which date does the qualifying period start....would she have been classified as a resident form the start of the fiance visa?...or does it start from the issue date of FLR?

Many thanks,

B.

[the scouser]

It'll be two years from 11 October 2007, but your wife may apply for indefinite leave any time between 13 September and 11 October 2009 (all other conditions being satisfied).

Scouse.

[benjy_a]

It'll be two years from 11 October 2007, but your wife may apply for indefinite leave any time between 13 September and 11 October 2009 (all other conditions being satisfied).

Scouse.

Thank you/

B.

[Mahout Angrit]

By 'qualifying period' I assume you mean time in UK before she can apply for ILR

For ILR you will need to complete form SET(M) and in the SET(M) guidance notes it says:-

If you were given permission to stay in the United Kingdom as an unmarried or same-sex partner and are now applying for permanent residence as the husband, wife, or civil partner of the same person, your two-year qualifying period started:

. when you received permission to stay as an unmarried or same-sex partner; or

. on the date when you arrived in the United Kingdom, if this was later than the date on which you were given a visa to come here in this category.

Edited February 21, 2008 by Mahout Angrit

[vinny]

Subject to change.

[mermot]

After reading the SET(M) guidance notes and similar other posts on this forum, my interpretation was that in Benjy A's case his wife would need to apply for her ILR two years from when she first arrived to the UK on her fiancee visa. As she arrived on to UK on 2nd May 2007, she could apply for her indefinite leave to remain any time between 4th April 2009 and 1st May 2009 (28 day window)?

My fiancee arrived in the UK last month and we are marrying at the end of April. I was originally planning to apply for the ILR during the 28 day period before 11th January 2010 but on reading Scouse's reply, this would indicate that it should be 2 years from when the FLR is granted (perhaps sometime during May 2010). Could this be clarified for me please

Many Thanks

Mermot

[Mahout Angrit]

After reading the SET(M) guidance notes and similar other posts on this forum, my interpretation was that in Benjy A's case his wife would need to apply for her ILR two years from when she first arrived to the UK on her fiancee visa. As she arrived on to UK on 2nd May 2007, she could apply for her indefinite leave to remain any time between 4th April 2009 and 1st May 2009 (28 day window)?

I interpret the guidance notes to be she could apply any time between 28 days before her 2 year anniversary in UK (4 April 2009) and when her 2 year FLR expires (10 Oct 2009) but I have no practical experience of a Fiancee visa.

[the scouser]

Could this be clarified for me please

(i)(a) the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom