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Eligible and applied for ILR, but Spouse visa expiring soon

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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spavanku
Newly Registered
Posts: 2
Joined: Wed Oct 21, 2020 11:20 pm
United Kingdom

Eligible and applied for ILR, but Spouse visa expiring soon

Post by spavanku » Wed Oct 21, 2020 11:32 pm

Dear all,

I applied for a Set M ILR visa for my wife yesterday and paid the applicable fee. Currently she is on a Spouse/Partner Leave to remain. But this visa is expiring on the 16/11/2020. When I tried to book the appointment for biometrics, the earliest I could get was 17/11/2020 which is 1 day after the current visa expires. I have few questions as below
    Is it ok to not have the visa whilst we are waiting to provide the biometrics?
      Will this be an issue for the decision making of the ILR?

      Please provide your expert advise on this matter.

      Appreciate your help with this.

      Thanks,
      Spavanku

      User avatar
      CULLINAN
      Respected Guru
      Posts: 11124
      Joined: Wed Sep 13, 2017 10:51 pm
      Pakistan

      Re: Eligible and applied for ILR, but Spouse visa expiring soon

      Post by CULLINAN » Wed Oct 21, 2020 11:53 pm

      The date of application is the date you pay and submit your application online. Biometrics date is irrelevant. Visa expiry is irrelevant as long you applied in time i.e. after you qualify and before visa expiry. Your wife is protected by Section 3C and all her visa specific rights will continue till a decision is made. Book for 17/11 or later does not matter. The deadline to submit biometrics is 2 months after date of application.
      Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

      spavanku
      Newly Registered
      Posts: 2
      Joined: Wed Oct 21, 2020 11:20 pm
      United Kingdom

      Re: Eligible and applied for ILR, but Spouse visa expiring soon

      Post by spavanku » Thu Oct 22, 2020 8:16 am

      @Cullinan:
      Thank you for the advise :)

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