Uk Sv

[RAZZELL]

I read somewhere on another forum that SV applications are/can be "backdated" to the date of the marriage?

What is the benefit of this? Is it so that application for ILR "comes around quicker" as it were?

Also, how can time spent on a visit visa be included towards a ILR application?

Slightly confused about timescale, dates. the 270 day rule etc.

Many thanks

RAZZ

[7by7]

The initial settlement visa will be dated the day it is issued, unless the applicant has asked for it to be post dated which it can be for up to 90 days. It cannot be back dated, and what would be the point anyway?

If a visa for settlement as a fiance or prospective civil partner it will be valid for 6 months, during which time applicant and sponsor marry/register their civil partnership and the applicant then applies for Further Leave to Remain, which lasts for 24 months. I haven't checked, but it may be this that can be backdated to the date of the marriage, which would make a difference; see below.

If a visa for settlement as a spouse or unmarried partner or civil partner it will be valid for 27 months.

To be time qualified for ILR the applicant must have been living in the UK for at least the previous 24 months, either with a settlement visa or FLR. Time spent in the UK as a visitor does not count towards this, neither does time spent as a fiance or prospective civil partner. If for some reason the applicant is time qualified but does not meet one of the other requirements for ILR they apply for FLR instead. Again, this will last for 24 months, but as they have already met the 24 months requirement hey can apply for ILR once they have completed the missing element without having to wait for the FLR to expire.

The '270 day rule' does not apply to ILR applications, but citizenship ones. There is no limit on the amount of time one is allowed out of the UK whilst qualifying for ILR, but when applying for ILR one must show that the UK is one's residence; difficult to do if one has spent more time out of the UK than in.

To be time qualified for British citizenship as the spouse or civil partner, but not unmarried partner, of a British citizen one must have been in the UK on the exact date 3 years prior to submitting the application. During the intervening 3 years one must have spent no more than 270 days in total out of the UK, with no more than 90 days in the final year. Time spent in the UK with a visit visa, or other, does count towards this qualifying period.

For all others, including unmarried partners, the qualifying period is 5 years, with a maximum of 450 days out of the UK during that period, with a maximum of 90 days in the final year.

[RAZZELL]

Many thanks.

RAZZ