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Indefinite Leave To Remain In The Uk

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I've looked a the various postings but I'm a bit confused about the date(s) on which my Thai wife can apply for ILR.

1)She was granted a fiance visa on 1 May 2007

2) She arrived in the UK on 8 May 2007

3) We got married and she was later granted a 2 year settlement visa on 19 July 2007

Does she apply for ILR within the 28 days before 8 May 2009 or within 28 days of 19 July 2009?

Thanks

Jim

I've looked a the various postings but I'm a bit confused about the date(s) on which my Thai wife can apply for ILR.

1)She was granted a fiance visa on 1 May 2007

2) She arrived in the UK on 8 May 2007

3) We got married and she was later granted a 2 year settlement visa on 19 July 2007

Does she apply for ILR within the 28 days before 8 May 2009 or within 28 days of 19 July 2009?

Thanks

Jim

I would say 2 years from the date of your marriage. The Rule says:

"287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i)(a)the applicant was ....... 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;"

In that context, the grant of an extension of 2 years stands separately from the duration of your marriage.

I would bang in the application a couple of weeks before your wedding anniversary. Perhaps this overlaps with 28 days before 19 July.

  • Author
I've looked a the various postings but I'm a bit confused about the date(s) on which my Thai wife can apply for ILR.

1)She was granted a fiance visa on 1 May 2007

2) She arrived in the UK on 8 May 2007

3) We got married and she was later granted a 2 year settlement visa on 19 July 2007

Does she apply for ILR within the 28 days before 8 May 2009 or within 28 days of 19 July 2009?

Thanks

Jim

I would say 2 years from the date of your marriage. The Rule says:

"287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i)(a)the applicant was ....... 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;"

In that context, the grant of an extension of 2 years stands separately from the duration of your marriage.

I would bang in the application a couple of weeks before your wedding anniversary. Perhaps this overlaps with 28 days before 19 July.

Thanks for that. We got married on 6 JUly 2007 so I guess the application should be made towards the end of June.

I have given up phoning them as you just get the same old message: all our people are busy! You can't even wait in a telephone queue!

Jim

  • 5 months later...
I've looked a the various postings but I'm a bit confused about the date(s) on which my Thai wife can apply for ILR.

1)She was granted a fiance visa on 1 May 2007

2) She arrived in the UK on 8 May 2007

3) We got married and she was later granted a 2 year settlement visa on 19 July 2007

Does she apply for ILR within the 28 days before 8 May 2009 or within 28 days of 19 July 2009?

Thanks

Jim

I would say 2 years from the date of your marriage. The Rule says:

"287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i)(a)the applicant was ....... 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;"

In that context, the grant of an extension of 2 years stands separately from the duration of your marriage.

I would bang in the application a couple of weeks before your wedding anniversary. Perhaps this overlaps with 28 days before 19 July.

Thanks for that. We got married on 6 JUly 2007 so I guess the application should be made towards the end of June.

I have given up phoning them as you just get the same old message: all our people are busy! You can't even wait in a telephone queue!

Jim

Hi Jim!

She will be able to apply within 28 days from 19th July 2009 as the fiancé visa is not a settlement status visa only the spousal visa counts for time earned in the UK.

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