Timing Question About Ilr

[yorkieb]

Dear Forum

I am starting to do a little background research on the ILR application ahead of time. Could you guys advise on this senario.

Thia wife returns to thailand after marrying in the UK on a fiancee visa. Sucessfull obtains 2 year spouse visa lets say 1st Jan 2008. Stays in Thailand for a couple of months visiting family and travels to the Uk after Songkran. Husband and wife live in the UK for 2008-2010. Wife passes the life in UK test and all that stuff. 28 days before the end of the spouse visa wife applys for ILR with all the docs etc. ILR issued and all live happily ever after never having to deal with the HO again (yes sounds like fairy tale I know).

I am a little confused as I have read that in order to apply ILR she would need to be in the UK for 2 years. But surely it is not realistic to expect to get a 2 year visa in BKK and fly the same day. And what about holidays and trips out of the UK, what is an accepted vacation period. and what is this 23 month rule.

Cheers

Yorkie

[vinny]

See also Completing application form SET(M) and Chapter 8 - Family members > Section 1 - Spouses (4.5. Further guidance).

[yorkieb]

Ok so you get the 2 year visa that the clock starts ticking the day you arrive. The BIA web site advises that you need to be living here for 2 years (obviously that means in the country) before you are eligable to apply ilr. However you cant apply more that 28 days before the end of the 2 year visa and i guess you cant apply after your visa has expired. This is a contradiction however I guess they expect people to normally apply in the 24th month. So ok I understand that. But if wife doesnt come over quick enough they advise extending for a period. Reading recent posts some people look like they have paid a fee for this and been ripped of with a 1 month extension there after paying again for an ILR. Would it be posilbe for the wife to fly over staright away stay a couple of weeks then go back for a month or so vacation. Cost of an airfare would be the same as a rip-off extension fees and I would rather but the cash in thai airways pocket rather the Gordon Browns. Would this effectivly log the 2 year date at the bigining of the visa?

Yorkie

[yorkieb]

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.

The above was cut and pasted from the BIA web site, but I am still confussed.Sorry if I am being dim. But I am reading this to mean that the 2 year qualifying period could run from the date one entered as a Fiancee if you were living together.

Can any one clear this up for me.

Thanks

Yorkie

[vinny]

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

i.e. when you received FLR(M), 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

i.e. when you arrived as the husband, wife, civil partner, or unmarried or same-sex partner of a permanent resident or British citizen.