Ilr Clarification

[tigerjohn]

hi, can anyone just clarify the date my wife and kids can send in the application for ilr, my wife entered the uk on the 16/8/2010 and the expiry date on her passport is 9/11/12, the kids entered in june last yr and their expirey date is same as mums, it says on ukba site cannot apply until at least 28 days before the date but is it the august date or the november date, the reason i ask is im expecting to get laid off work around july aug and would prefer to be working when the app goes in so if i can put it in july would suit me better, any info gratefully recieved,

[invicta130]

within 28 days of the November date (27 months)

[tigerjohn]

thx for the quick reply, now i have just rang the ukba and they say i can apply after the 24th july????

[bobrussell]

Within 28 days of the 24 months and before the end of the 27 month validity period. The probationary period is actually 24 months!

[7by7]

within 28 days of the November date (27 months)

Wrong, I'm afraid.

As bobrussell says, the residential qualification for ILR is 24 months (not 27) and the earliest she can apply is 28 days before the 2nd anniversary of her first entry with her spouse visa. That is 28 days before 16/8/12. I make that 19/7/12, not the 24th; but if that is what the UKBA say, I'd use their date.

The latest she can apply is the day her visa expires, i.e. 9/11/12.

Her children's visas will have been set to expire at the same time as hers for a purpose; unusually for the UKBA, it's to save you money!, Provided the children are under 18 they can apply at the same time and on the same form as their mother and pay reduced fees. See the table on the SET(M) form.

[aland2012]

If there has been any time out of the country ( UK ) , that time needs to be added ??? You have to have 24 months with in the UK.

[7by7]

No, you are allowed out of the country whilst qualifying for ILR.

There is no actual limit on how long, but when applying for ILR you need to show that you have been resident in the UK for the last two years; which may be difficult to do if most of that time has been spent out of the UK!

[bobrussell]

It is not wonderfully easy to find on the UKBA website but the relevant page is:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/