Ilr Application

[Lottie79]

My girlfriend recently applied for a Settlement Visa which we expected would be for 24 months if successful.

She was then granted the visa to start from 15th October 2008 and expiring on 15th January 2011, a total of 27 months.

I am not sure why it was granted for 27 months and not 24, but I just want to be 100% sure that we apply for ILR within the correct period of time. Would I be correct in believing that the application for ILR would have to be made in the 28 day period prior to expiry ie. between 18th December 2010 and 15th January 2011?

By the time her current visa expires we will have lived together in the UK for nearly 6 years so will have ample documentation to confirm the length of our relationship. Providing that she passes the Life In the UK test are there any other essential requirements for ILR eg. ESOL qualification?

I know I'm asking this a long time in advance but we had a difficult time in getting the visa this year and want to make sure that we are crystal clear of the requirements next time around.

Any advice would be very much appreciated.

[mariner29]

They give you 27 months because it gives you a window to enter the UK of up to 3 months.

If she enters the country on Dec 1 2008 that will mean on Dec 1 2010 she has been in the UK 2 years.

So appply within 28 days subject to the rules not changing again.

[Lottie79]

They give you 27 months because it gives you a window to enter the UK of up to 3 months.

If she enters the country on Dec 1 2008 that will mean on Dec 1 2010 she has been in the UK 2 years.

So appply within 28 days subject to the rules not changing again.

She entered the country on 15th October, so are you suggesting to apply within 28 days of the date of expiry (15th Jan 2011)?

[vinny]

See also Family Settlement Visas Now Valid For 27 Months, UK.

Subject to the rules in place at the time:

She may apply for SET(M) (288) no sooner than 28 days (4 weeks) prior to the 2nd anniversary of her initial entry into the UK and before her spouse visa expires.

i.e. she may apply for SET(M) between [15 Oct 2010 - 28 days (4 weeks)] and 15 Jan 2011.

i.e. she may apply for SET(M) between 17 Sept 2010 and 15 Jan 2011.

Don't forget about the KOL requirements and How do I qualify to join my husband, wife or civil partner in the UK?

At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still married and intend to continue living together, you can apply to stay permanently in the UK.

The UK Border Agency will deal with your application to stay permanently in the UK. Shortly before the end of your probationary two years Leave to Enter (LTE) period you will need to apply for Indefinite Leave to Remain (ILR). When you do this you will have to provide at least 6 documents or letters addressed to you, or jointly with your spouse or partner at the same address, as evidence that you have been living together during the past two years. The dates of the letters or documents should also be from at least 3 different sources. Examples of acceptable letters and documentation (originals only) to provide are listed on the UK Border Agency website: Form SET (M) and guidance notes.

[mariner29]

They give you 27 months because it gives you a window to enter the UK of up to 3 months.

If she enters the country on Dec 1 2008 that will mean on Dec 1 2010 she has been in the UK 2 years.

So appply within 28 days subject to the rules not changing again.

She entered the country on 15th October, so are you suggesting to apply within 28 days of the date of expiry (15th Jan 2011)?

15 Oct 2008 she entered so as Vinny has clarified 15 Oct 2010 within 28 days of that date.