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Why did you switch her visa to FLR ?? That was a bad move. She should have stayed under PBS dependat which made her eligible for ILR in 2017. FLR resets her ILR clock to zero so she has to wait until 2019.1) Will the 5 year period start from when she entered UK in November 2012 or rather from when she got her LTR in February 2014 ?
Apply by post and then she will become eligible when the application is processed and biometrics are taken. The risk of refusal is low2) If the answer to the above question is that the 5 year period will start from 21 February 2014, then we are in deep trouble because her current FLR is only valid till 11 Jan 2019 which is not within 28 days of 5 years from 21 February 2014. What should I do ?
YesHaving said that, even if I had not moved her from pbs dependent to LTR, her pbs dependent visa was ending in August 2016. So, could I have still extended her PBS when I had become a British citizen already?
No as the date which is most beneficial to the applicant will be considered, not just the date of application or posting. Apply by post and she will be fine as most applications will not be processed for weeks after sendingRegarding your point on applying by post, wouldn’t the case worker check the end date of her current leave which is 11 Jan 2019 and calculate the duration based on when she got her visa under this category which is 21 Feb 2014? This calculation won’t result in 5 years; it would fall short by approximately 40 days.
Do you reckon this is definitely going to work ? I really doubt that. Let me know what you think.
Are you referencing to this paragraph ?zimba88 wrote: ↑Sat May 05, 2018 1:40 pmYesHaving said that, even if I had not moved her from pbs dependent to LTR, her pbs dependent visa was ending in August 2016. So, could I have still extended her PBS when I had become a British citizen already?
No as the date which is most beneficial to the applicant will be considered, not just the date of application or posting. Apply by post and she will be fine as most applications will not be processed for weeks after sendingRegarding your point on applying by post, wouldn’t the case worker check the end date of her current leave which is 11 Jan 2019 and calculate the duration based on when she got her visa under this category which is 21 Feb 2014? This calculation won’t result in 5 years; it would fall short by approximately 40 days.
This is exactly why I am confused and I think no matter when I apply there is a risk of rejection. Let me know what you thinkTreeHugger7 wrote: ↑Tue May 15, 2018 9:49 pm
If yes, then won't 28 days before date of application earliest OP can apply for dependent or am I interpreting it wrong ?
1) I am not sure what you meant by "Date of decision" within that 28 days ? Which 28 days are you referring to and is it applicable to our case as mentioned above and will it be alright ?
The day the case worker actually makes the decision (case is processed). You can post the application today but it might not be processed for two months. If you will be eligible on the day when the case worker processes the application, then case worker will grant ILR regardless of the initial date of the application.1) I am not sure what you meant by "Date of decision" within that 28 days ? Which 28 days are you referring to and is it applicable to our case as mentioned above and will it be alright ?
I cannot say for sure. If you do not like the risk, then it's better to extend and vary to ILR instead2) If the postal application is made on 11th Jan 2019, for success, the Case worker should not pick the case before 20th February which is 40 days from the date of application. This duration of 40 days is the shortfall itself. What do you think are the chances of a case worker not picking up the application before 20th Feb ?
We are planning to submit the ILR application on 11th January' 2019 hoping the caseworker will pick up the application within 28 days.
Your topics were merged. Please keep all your spouse queries in one thread, this one.