feasantplukka Posted February 3, 2011 Share Posted February 3, 2011 Hi, in July my Thai wife will have been in the UK on settlement visa 2yrs, she has passed the Life in the UK test and will be applying for ILR 28 days before the 2yrs date, sometime in June, the problem I have is, I have read tht the ILR can take 6mnth to process, We are going back on holiday to Thailand in September, if we havent recieved the ILR before we go, her settelment visa will have expired, what will happen on returning to uk if the settlement visa is not valid Link to comment Share on other sites More sharing options...
7by7 Posted February 3, 2011 Share Posted February 3, 2011 As she has to submit her passport with her ILR application she wont be able to leave the UK until her application is decided and her passport returned; hopefully with an ILR stamp in it. So you have three choices:- 1) Hope she gets her passport back before your holiday. 2) Postpone your holiday until after she has her passport back. 3) Pay the extra £350 to apply at a public enquiry office for a (usually) same or next day decision. See Completing application form SET(M) If she asks for her passport back before a decision has been made then the application will be treated as withdrawn and you will lose the fee. Additionally, she would then have no valid leave to enter or remain in the UK and so technically be here illegally; were she to leave she would not be allowed back in unless she first obtained a valid entry clearance; i.e. a new spouse visa. Link to comment Share on other sites More sharing options...
feasantplukka Posted February 3, 2011 Author Share Posted February 3, 2011 (edited) thanks 7by7 helpfull as always, looks like its gunna be the £350 option wwe are goin back to show off our newborn babe who is due April so have only 1 chice realy, dont want to disapoint the missis, Edited February 3, 2011 by 7by7 Reply moved out of quote box and quote of preceding post removed. Link to comment Share on other sites More sharing options...
feasantplukka Posted February 3, 2011 Author Share Posted February 3, 2011 thanks 7by7 helpfull as always, looks like its gunna be the £350 option wwe are goin back to show off our newborn babe who is due April so have only 1 chice realy, dont want to disapoint the missis, Thanks for the edit, had to rush to give my father a lift home from the pub, few spelling mistakes in there too LOL! only get babies wi rushing. Link to comment Share on other sites More sharing options...
7by7 Posted February 4, 2011 Share Posted February 4, 2011 No problem. Link to comment Share on other sites More sharing options...
potter09 Posted February 5, 2011 Share Posted February 5, 2011 As she has to submit her passport with her ILR application she wont be able to leave the UK until her application is decided and her passport returned; hopefully with an ILR stamp in it. So you have three choices:- 1) Hope she gets her passport back before your holiday. 2) Postpone your holiday until after she has her passport back. 3) Pay the extra £350 to apply at a public enquiry office for a (usually) same or next day decision. See Completing application form SET(M) If she asks for her passport back before a decision has been made then the application will be treated as withdrawn and you will lose the fee. Additionally, she would then have no valid leave to enter or remain in the UK and so technically be here illegally; were she to leave she would not be allowed back in unless she first obtained a valid entry clearance; i.e. a new spouse visa. Being on the subject of ILR, wonder whether you would be good enough to clarify the following. Given initial 'settlement' visa is granted for 27 months: (1)is it mandatory that one applies for ILR 28 days before the 2 year completion date ? (2) would it be okay if one applies say 28 days before the final 27th month? (3) if one has been away from the UK on holiday etc during the initial 27 months, would 28 days before the second anniversary since the first date of arrival still be the correct starting point to apply for ILR or one should wait till full 2 years have been spent in the UK (but not later than 28 days before the end of 27th month)?--apologies for lengthy question. Link to comment Share on other sites More sharing options...
7by7 Posted February 5, 2011 Share Posted February 5, 2011 The earliest one can apply is 28 days before the end of the 24th month in the UK (or end of FLR, if on FLR); the latest is the day one's settlement visa (or FLR) expires. Time spent out of the UK on holidays etc. do not effect this. Link to comment Share on other sites More sharing options...
potter09 Posted February 5, 2011 Share Posted February 5, 2011 The earliest one can apply is 28 days before the end of the 24th month in the UK (or end of FLR, if on FLR); the latest is the day one's settlement visa (or FLR) expires. Time spent out of the UK on holidays etc. do not effect this. Thank you 7x7. Link to comment Share on other sites More sharing options...
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