Spouse Visa Flr / Ile Pending Kol (Uk)

[quibbler]

Dear more knowledgeable UK visa experts,

My wife and I applied for UK Settlement last month, having received her passport back today, she has been granted entry clearance type :-

"VISA SPOUSE/CP - Spouse/CP of A N Quibbler XX/XX/XXXX"

Having been living with my wife in a relationship akin to marriage for over 5 years and married for 3 here in Thailand - I had expected she would have qualified for ILE pending KOL upon our relocation together to the UK.

The post here :- http://www.thaivisa.com/forum/topic/252601-uk-settlement%3B-spouse-visa-or-ile/page__view__findpost__p__3449252 certainly seemed to indicate that non-married partners qualify for ILE based on that criteria and I am aware of other members here on ThaiVisa who have done so.

My application included evidence of our co-habitation, rental contracts/utility bills etc in both our names over 5 years and the usual chronological photographic record from visa applications.

It seemed as if the ECO reset the clock on the qualifying period for ILE by taking into account only the period that my wife and I have been married - 3 years? (and thus less than the 4 years stipulated in the regulations) Does the combined duration not count?!

Any advice, greatly appreciated.

Quibbler

[7by7]

As far as I am aware, that you were unmarried partners for 2 years and then married for three years should not effect her entitlement to ILE.

However, the visa endorsement you quote does indicate that she has been granted an ordinary, 27 month spouse visa (see page 2 of this document).

All I can suggest is that you contact the embassy pdq and attempt to rectify the error. Although this post suggests it may be easier to have it corrected once in the UK.

BTW, a settlement visa, and FLR are not the same thing. A settlement visa is applied for and issued outside the UK; FLR inside.

[quibbler]

Thank you kindly 7by7 for your reply and information, given that our flights are already booked for the coming days, I shall see what can be done from within the UK as you and the prior poster suggest / managed.

Thanks again,

Quibbler

[ThaiVisaExpress]

She would not be eligible as she is applying as a spouse now previous time spent as an un-married partner does not count.At the time of application she was applying as you're spouse & you must have been married for 4 years & living abroad.

The eco has made the correct decision in your case, its very unfair but that's the rules I am afraid.

[7by7]

Thanks for the clarification.