Help regardling ILR

[Zeeshan123]

Hi there ,
My friend came to england on a visitor visa which was for 6 months in 2007 . The visa expired but he didn't leave the country . In march 2008 (8 months after his visit visa expired ) he got married to a british citizen and they issued him a 3 years spouse visa which had to renew for another 3 years when the ist one expires .

He got his 2nd renewal and he will complete his 5 years on spouse visa in december . He had to wait for 18 months to get his passport back when he applied for 2nd extension.

So my question is that will this time (18months) which is what home office took to issue /renew his visa will be counted towards his 5 years and that if he can apply for ILR in december.

He also got a son who is 4 years old now .
Thanks.

[riz1986]

If he made his extension application before his leave expired that 18 months are included.He can apply for ILR

[Zeeshan123]

Thanks . So even though he didn't have any visa when he applied for his ist spouse visa won't effect his application for ilr ?