Uk - Indefinite Leave To Remain - When To Apply?

[Xiengmieng]

Hi there

My wife is due to apply for indefinite leave to remain. She arrived here on April 5th 2009, her visa expiry date is June 27th 2011. I feel I may have made an enormous mistake by assuming that we have to apply 1 month before her actual visa expires.

I have read in the set M guidance notes the following:

5 WHEN TO APPLY

You and any children under 18 who are applying with you should apply before the end of your/their permitted stay in the UK when you are nearing completion of the 2-year qualifying period required

by the Immigration Rules.

I'm really worried that we may have left it too late.

Any advice/ideas?

[MAJIC]

Normally with Settlement Visa's,they are issued for 2 years and 3 months in Total.

As I understand it,the extra 3 months is to allow a 90 day departure period over and above,

the full 2 years UK Probationary Period,in order to wind up your wife's affairs in Thailand, and still leave 2 years for a future ILR.

Why not PM 7by7,who is very knowledgeable on Settlement Visa Subjects.

I hope its not too late for you

and Good Luck.

Edited May 20, 2011 by MAJIC

[Sarge7]

If you read the full content of " When To Apply " in the guidance notes it states that you

have to be resident in the UK for at least 2 years qualifying period from date of entry .

Your wife arrived April 5th 2009 .So qualifying period is 2 years from this date.She

may apply for ILR 28 days before the end of the qualifying period but not before .

Your wifes application for ILR must be received by the UKBA before her visa expiry

date.

The UKBA quote you refer to is mis-leading but would be relevant to applicants

who have obtained a 2 year temporary visa from within the Uk.Where as i believe

your wife obtained a 27 month visa outside of the UK.

If 7by7 had been online i am sure he would have been able to provide you with

the relevant link ,but he professes to have a life outside of the forum & not always

able to post .

Good luck with the wifes ILR.

[7by7]

She can apply anytime between the 2nd anniversary of her first arrival with her settlement visa (actually 28 days before this date as Sarge7 says) and the expiry date of her settlement visa.

So as long as she applies before the 27th June, you have not left it too late.

[Xiengmieng]

Thank you very much for putting my mind at rest gentlemen