ILR for Spouse - 2 Year Route

[MaVa]

Hi Folks,
Could someone (who had been in similar situation ) explain if we are eligible for ILR under the 2 year route.

We applied for Spouse Visa in Chennai (India) in May 2012.
The UK government changed the law for settlement for Spouse from 2 years to 5 years, however, it should not affect the people who applied for a Visa before July 2012.
The application for Spouse Visa got rejected (decision made for the application we filed May 2012) in Oct 2012. I appealed and it went to tribunal. The tribunal gave the date for hearing as 30 April 2013. Just two days before the date of hearing the people from British High Commission wrote to us saying that they are overturning their decision and are willing to grant the visa.
Visa granted on 10th May 2013 (Until 10th August 2015 - 27 Months). Wife entered UK 24th May 2013. Now we are getting for 2 years completion 24th May 2015.

Now my question is can we apply for direct settlement using the old rule or should we go for extension and wait for another 3 years before we could apply for ILR.

Many thanks.

[WR1]

I am in the exact same situation as you. Applied before July 2012, visa was rejected, appealed and granted in June 2013. Other half came in UK late June 2013.

You will be under the old rules, i.e. on a 2 year spouse route. The earliest you can apply would be 28 days prior to the completion of 2 year probationary period (28 days before 24 May 2015 being 27 April 2015) and up till the visa expiry date (10 August 2015)

You can apply for ILR from 27 April 2015 onwards. I would highly recommend that you go for a PEO appointment (same day service) and try to book the appointment before April (you can book 42 days in advance) as in April the fees are increasing for ILR by £407. (Currently at £1093, will be £1500 after April 2015). The PEO is an additional £400.

[MaVa]

Thanks WR1. Just wondering what is the application type for this, SET(M), SET(O) or anything else.

Bit confused.

Also wondering do you personally think I should go through a solicitor. The only reason I am bit worried is, I am using the old rule, which not all case worker are aware of and may put my case in sort of limbo.

Any way thanks

[WR1]

Form will be SET(M) for spouse visa.

A solicitor will not be required unless you are not confident to go through the application yourself and have deep pockets. I would suggest give it a go yourselves, this forum has a wealth of information to help you along and you an asks questions if you are unsure about anything. But the choice is yours.

The old rules is more simpler than the new rules are less strict. All caseworkers are aware you will be applying for ILR under the old rules as the earliest anyone can apply for ILR via the spouse route under the new rules is July 2017.

[Amber]

LIUK and B1 English required. Proof of cohabitation and adequate maintenance and accommodation.

[MaVa]

Thanks WR1
Thanks Amber.
My wife is taking the LITUK test in two weeks time.
She has a Professional Degree, (on which her initial entry was given - which is equivalent to UK on the Points calculator)

With regard to the maintenance, we have saved enough to show around 10K in total as we now have a baby as well (British Passport)

But we have a slight problem with cohabitation. We have rented a flat, where we do not pay any bills (No Council Tax or Water Tax). Electricity and Gas are top up meter and has my Name and my wife's name on the Prepay meter.

We have E-Bank statement for her account, which means we do not get Bank statement posted to our address. Does the letter from NHS be used for this purpose?

Many thanks