New Rules For Uk Settlememt. Confusion.

[baannambua]

Hi guys in the same boat as probably a few others out there. My wifes expiry date for her visa is 11-08-12. She has just passed her English course through college and has to collect her certificate during this week. So it says she can apply for ilr as she is coming up the end of her 2 year probation period.it says she can apply 28 days before the expiry date of her visa or earlier. This is what it says on the UKBA website. However now the rules are supposed to change on 9th July. Does this mean my wife can't apply for ILR as the new rules state that the new probabtion period will be 5 years not 2 years. I meet all other requirments as far as income,place to stay etc. We only just go over the date of the new regulations. Would it be worth applying just slighlty early so we can still apply for ILR. Or will she now have to apply for FLR and then ILR in 2 years. Oh and also my daughter was born in the uk. Am i correct in thinking she has nothing to do with my wifes settlement application. Thanks for any help. Very stressed and unsure what to do. Also we are supposed to be going back to Thailand asap. Just waiting to get all this crap out the way first. Thanks for reading

[bobrussell]

The new rules are not retrospective so your wife will be treated under the old rules. Assuming she is in the UK under the two year probationary period she will be fine for ILR at the end of two years and naturalisation a year later.

You cannot apply more than 28 days before the two years are up but must apply before the 27 month validity period.

If your daughter is eligible for British Citizenship she does not need any form of settlement visa so your wifes application is not relevant.

[7by7]

Indeed.

As she will be applying for ILR before October 2013, her application will be treated under the old rules.

The earliest she can apply is 28 days before the 2nd anniversary of her first arrival with her spouse visa, the latest is the day that visa expires.

Assuming that you are British, your daughter is a British citizen and so is not included in your wife's application.

As there is already a topic running on the proposed changes here, I am closing this one.