Indefinite Leave To Remain Question

[leedm]

Hi,

My Thai wife is currently in the UK on a 2 year marriage Visa which is valid from 23rd May 2008 to 23rd May 2010 (valid until date).

She actually entered the UK on the 24th May 2008, evidenced by the stamp in her passport.

I was going through the ILR guidance notes this morning, and noticed a statement in there which reads:

For visa holders only. If, after receiving your visa, you delayed your journey such that you will reach the “valid until” date on your visa before completing 2 years in the UK, you may need to apply for an extension of stay to complete the 2-year period before applying for indefinite leave to remain on form SET(M). An application for an extension of stay must be made on form FLR(M)

So, my question is, does her stay from 24th May 2008 to the 23rd May 2010 constitute 2 years, I'm a bit concerned that they might find a way to refuse it as it could be considered 1 day short.

Or am I worrying unnecessarily.

Any advice would be appreciated.

Thanks

Lee

[7by7]

I would not worry were I you; 24th May 2008 to 23rd May 2010 is, by my reckoning, 24 months.

She can submit her application up to 28 days before the second anniversary of her first arrival in the UK, which in her case will be any time after 27th April. As long as her current LTR is valid when the application is submitted, it does not matter if it subsequently expires while the application is being processed; as soon as the UKBA receive the application her current LTR will be automatically extended until the ILR decision is made.

See Completing application form SET(M).

The validity of this type of visa has been changed from 24 months to 27 months to allow holders to tidy up their affairs etc. before moving to the UK. I can't remember exactly when this change took place, but to be honest I could have sworn it was more than two years ago! Memory must be on the blink!

[NALAK]

i was 2 days short and they made me come back 2 days later, all the way back to Liverpool. no extra paperwork though just an extra journey. meant she had no visa for 2 days but they said no worries but 2 years together is a must. others may have a different story.

just read 7by7 thread ours was about 6 years ago

Edited April 17, 2010 by NALAK

[leedm]

Hi,

Thanks for your quick replies. If you have a chance, please could you take a look at my other question, that I've just posted.

Thanks

Lee

[7by7]

The 28 day 'rule' was in existence 6 years ago, but I should have added that I am fairly certain it only applies to postal applications.

Have to say that why anyone would want to pay the premium for a personal application is beyond me; unless they have urgent travel plans and need to get their passport back quickly.