Uk Ilr Application Problem?

[ScottyBoy]

HI all,

My wifes UK settlement visa was issued November 7th 2005, She entered the UK on December 8th 2005. When applying for ILR will I have a problem with the month long gap between visa being issued and entry to the UK?

I was under the impression everything would be fine if I applied for the ILR on around November 1st 2007, but my friend who is in a simialrish position to me reckons I will have to apply for another visa to cover the month long gap.

Any help/advice would be much appreciated.

[the scouser]

From the dates you've given, your wife does appear to have arrived in the UK 4 days too "late", and, as such, she technically will not immediately qualify for indefinite leave. However, I would apply anyway for the ILR and see what happens.

Don't forget that from 2 April 2007, any ILR applicants will also have to demonstrate English/citizenship knowledge, so you wife will additionally have to pass either an ESOL with Citizenship course, or a Life in the UK test. Not having one or the other of these qualifications will mean that she won't get her ILR anyway.

Scouse.

[GU22]

The problem is that one cannot apply for ILR until 28 days before the second anniversary of one's first arrival in the UK with the spouse visa. As Scouse has said, your wife's visa will expire 4 days before this, so officially she should apply for Further Leave to Remain to cover the gap. Leaving the application for these 4 days will mean that her visa will have expired, so she would technically be in the country illegally and her ILR application could be refused.

However, if you apply for ILR by post, posting the application on the day her visa expires, and pay the fee by cheque then they will not look at the application until the cheque has cleared, by which time she will be within the 28 days. Her visa is automatically extended from the moment the application is posted until the decision is made.

I know several people who have done this without a problem.

[ScottyBoy]

HI Scouse and GU22,

Cheers for the advice, Ive taken it all on board and hopefully I will have no problems.

[Trebilcock]

This has got me a little worried. My wife's 2 year visa was issued on 7/4/05, but she did not arrive in the UK until 13/5/05. So, if I understand correctly, we can't "officially" apply for ILR before 15/4/07, ie 28 days before the second anniversary of her arrival, and 8 days after the old visa expires?

So I'm currently thinking of posting the application for ILR on 7/4/07 and (paying by cheque) hope they won't come to process it before 15/4/07. Does that sound realistic? If the 2 year visa is automatically extended from the day you apply for ILR, presumably you need to send the application by Recorded/Registered post?

One other area for concern about the ILR application is that we don't have a lot of documents showing both her name and address for the last couple of years. Tried to open a Bank account in her name, but they turned her down because she had no credit history (?) in the UK, and there didn't seem any point in putting any utility bills etc in her name. What we do have is letters/cards from Thailand, mail order invoices, correspondence from college here in the UK, and (hopefully our trump card) quite a bit of stuff from the hospital and midwife (baby due in April)

So guys, how do you think we stand? Sorry if there are a lot of questions, but any help or thoughts would be extremely welcome.

Edited January 10, 2007 by Trebilcock

[atlastaname]

Trebilcock,

I think GU22 has already pretty much answered your first paragraph. Clearly you are a week short but the chances are that they won't get around to looking at it until after that . However there is of course a slight risk they do.

Re your second question of joint names, i can't understand your logic in NOT putting the utility bills in joint names. Utility bills are a wonderful way of padding out an application as they arrive with such frequency (don't they just !!)and having them in joint names is a great way to get half way towards all the documentation you need. Put a few credit card bills in joint names and you get even closer . Those along with your doctors/medical letters and a few official ones (council tax) and you are there. You have made it much harder than neccessary and now find you are short of documents.

[the scouser]

Trebilcock,

To potentially throw another spanner in the works, how good is your wife's English and her knowledge of life in the UK? From 2 April, any ILR applicant will, in addition to having to meet the other requirements, also have to have either passed an ESOL with Citizenship exam, or passed the Life in the UK test.

Scouse.

[the scouser]

With regard to the supporting documents for the application, you should submit 10 letters (a minimum of 4 of which must be addressed to your wife) from at least 5 Home Office-recognised sources for each of the two years. The letters from colleges, midwives, doctors etc. will count, but, unfortunately, the HO won't accept letters from friends/relatives as being valid. If you can't meet this criterion, make the application anyway with what you've got, but it wil probably take the HO longer to consider.

Scouse.

[apetley]

HI all,

My wifes UK settlement visa was issued November 7th 2005, She entered the UK on December 8th 2005. When applying for ILR will I have a problem with the month long gap between visa being issued and entry to the UK?

I was under the impression everything would be fine if I applied for the ILR on around November 1st 2007, but my friend who is in a simialrish position to me reckons I will have to apply for another visa to cover the month long gap.

Any help/advice would be much appreciated.

Heres what happened to my wife, Nichapat

Settlement Visa was granted 9th June 2003 and expired 9th June 2005.

My wife arrived in the UK 19th July 2003.

Her ILR was refused on the grounds that the Secretary of State was not satisfied she has completed 2 years in the UK.

Before completing the application I had phoned Croydon and they said apply a month before the visa runs out.

The refusal said that she had no right of appeal.

I phoned Croydon and complained about the advice they had given regards the date to apply and that technically she would be in the UK illegally if she waited until the middle of June to apply again.

Then they told me to apply for FLR to cover the few weeks and then apply for ILR. This would all have cost a grand told of a thousand pounds.

After complaining again and speaking to one of the Supervisors, whose name was given, I was told not to apply for FLR but to wait and apply at the end of June.

She reapplyed at the end of June, received and acknowledged by IND 28/6/05.

Nichapat got her passport with residence permit and documents back at the end of July

Such a relief and quite quick from what I hear for a postal application.

Now I would not suggest that what happened to us was ok or technically even legal but all the time we followed advice from Croydon.

Whether they know their own rules or even follow them is anyones guess.

I would follow Scousers advice. Maybe apply beginning of November, then the application will get looked at very close to the 30 days leeway applicants are given.

Best of luck, Andy.

[Trebilcock]

I was thinking of phoning for advice but after your post, Andy, I think I'll give that a miss.

We did the full Amphur procedure when we married in Thailand, but my wife thinks it will help the ILR application if we also have it registered in the UK. Doubtful myself, as I'm sure it's already legally recognised here.

I understand the 2 year visa is automatically extended from the moment you apply for ILR, but if you needed to prove you'd posted the application, which method would the HO look for? I guess Recorded Delivery?

Finally, and at the risk of going off-topic a little, my wife has been working one or two nights a week at the local Thai restaurant, and we were thinking of enclosing a letter from the proprietor as evidence of where she's been living. People tell me there was no need to register for tax or NI as she's earned well below the yearly £5,035 tax allowance, but I'm still a little wary in case that's not so, and the HO put the tax people onto it.

Once again, many thanks for any advice. Really not sure what we'd do for advice without Thaivisa and folks like Scouse and GU22. (BTW Scouse, I think we've got the Citizenship angle covered, thanks)

Edited January 13, 2007 by Trebilcock

[Mahout Angrit]

We did the full Amphur procedure when we married in Thailand, but my wife thinks it will help the ILR application if we also have it registered in the UK. Doubtful myself, as I'm sure it's already legally recognised here.

No need to register in UK, you proved your marriage status when you applied for the settlement Visa

I understand the 2 year visa is automatically extended from the moment you apply for ILR, but if you needed to prove you'd posted the application, which method would the HO look for? I guess Recorded Delivery?

Yes and my local P.O. will give a free receipt of posting if you ask but i would use Recorded or Special delivery as it has a passport and cheque inside

Finally, and at the risk of going off-topic a little, my wife has been working one or two nights a week at the local Thai restaurant, and we were thinking of enclosing a letter from the proprietor as evidence of where she's been living. People tell me there was no need to register for tax or NI as she's earned well below the yearly £5,035 tax allowance, but I'm still a little wary in case that's not so, and the HO put the tax people onto it.

Although on her income she will not have to pay tax or NI contributions, if she works she should have an NI number, so I wouldn't use it. Take that letter down to your local job centre and apply for an NI number (no cost). The restaurant should have asked her for her NI number before employing her.

(BTW Scouse, I think we've got the Citizenship angle covered, thanks)

only you will know if she has passed the citizenship test or completed the course.

Good Luck with your application.

[GU22]

We did the full Amphur procedure when we married in Thailand, but my wife thinks it will help the ILR application if we also have it registered in the UK. Doubtful myself, as I'm sure it's already legally recognised here.

No need to register in UK, you proved your marriage status when you applied for the settlement Visa

Not only is there no need, you actually can't. Your marriage is already registered at the Ampur, and you cannot register it twice!

There is no need for concern as under the Foriegn Marriages Act 18(yes, 18)96, all marriages which are legal in the country where they took place are also legal in the UK.