Ilr

[sierra01]

My wifes settlement visa was issued 12/4/06. we arrived in the UK 10/05/06. How soon can she apply for ILR?

A big complication might also arise....Her Mum has cancer, she's having an op 13 March but might not come through it. If she doesnt obviously my wife would have to go straight back home, how would she stand if she either hadnt already applied for ILR or had and not yet had an answer?

With her maybe having to go back quickly spending the extra £200 or whatever it is to fast track the application would be a problem.

[vinny]

Completing application form SET(M):

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.

If you delayed your journey to the United Kingdom by weeks or months from the date you received your visa, your visa will run out before the end of your two-year qualifying period and you may need to apply to extend your visa, using application form FLR(M) (see Applying to extend your visa for more information on doing this).

You must not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

Technically, she may apply on 12/04/08, as it is 28 days (4 weeks) before the 2nd anniversary of her initial arrival date. This is a Saturday and the PEO may be closed.

However, as her mother is unfortunately seriously ill, Scouse may suggest an alternative opinion.

[sierra01]

Just rang immgration, they said 12 April as well. As it's a Saturday she cant even apply in person. Asked about the cancer thing and if she has already applied, IE sent her passport off, then tough, she cant go to the funeral. I said isnt that a bit heartless, sorry I cant comment on that. Typical goverment jobsworth.

If the situation were to arise I would certainly get my local MP onto it. I'll get my wife to ring the Thai Embassy, on second thoughts I think I'll call Cardiff, they have always been extremely helpful in the past. Maybe they or the Embassy can issue her a travel document or something.

[the scouser]

Providing that your wife returns to the UK before 12 April, she could still make her ILR application by post on the 12th itself. This will take, on current estimates, approximately four weeks to decide.

None of the honorary consulates, i.e. Liverpool, Glasgow, Birmingham, Hull and Cardiff can issue travel documents. This can only be done at the embassy in London. However, there is no point your wife making an application to the Home Office and then travelling to Thailand on a separate document, as she won't be able to re-enter the UK without a visa.

The alternative, such as it is, is for your wife to return to Thailand and if she stays beyond 12 April, to apply for a new settlement visa. Upon arrival back in the UK, she could then approach the Home Office for indefinite leave. However, she would have to pay £500 for the settlement visa and then £750.00 for the indefinite leave application to the Home Office.

Scouse.

[sierra01]

Ok thanks guys, what a mess. I just hope her Mum pulls through, its all what if and maybe at the moment but at least I know whats what now, we have a heartless, couldnt care less goverment.