ILR Application for Spouse

[mirnat]

My husband's 2 year spouse visa is due to expire on 13th March this year so he will be applying soon for ILR. When does he have to apply in post by (or is better to do it in person as our case should be very straightforward as we have a tenancy agreement/bills in both names/joint bank account/are both employed etc)?

Also do both his and my original passports have to be submitted with a postal application? His original obviously to have the ILR stamp but what about mine? If I do need to submit my original passport, will they return it to me early or only when they've finished processing his application? I'm planning to travel in March and have heard stories that they can take up to 3 months to process the ILR applications by post (which would take us until at least May!).

This is the second time posting this subject as no replies the first time round

[vinny]

When did he initially enter the UK on his spouse visa?

He may apply for SET(M) no sooner than 28 days (4 weeks) before the end of his 2-year qualifying period and before his leave expires.

See also good news.

[mirnat]

Thanks Vinny for your reply, I've only just seen it!

His 2 year spouse visa was valid from 13 March 2007 and he entered the UK using it on 24 March 2007. So I take it he can apply anytime between 13 February and 13 March 2009.

What about my passport, do u know if I need to submit the original document and if so, will they return it early or only when they've finished processing his application in say 2/3 months (or whatever is the normal processing time)? We're debating whether to apply in person as I really need the passport back to travel at the end of March!

Thanks!

[vinny]

As his qualifying period started on the date of arrival, 24 March 2007, it's probably safest to apply for SET(M) between 24 Feb 2009 and 13 March 2009.

[mehak_327]

Hi,

I would recommend applying in person. I had my ILR done 2 weeks back from Croydon PEO. If your application is straightforward it takes 2-3 hours for the whole process. It seems postal applications are a nightmare 12-14 weeks !!

As far as I know you have to submit original passport and if you need it back write/fax a request. They would then send your passport back.

[Casa]

Has he passed the Life in the UK test??

[mirnat]

Thanks mehak_327, we were thinking of applying in person as it is a very straightforward application since we've been living together in the same address for the entire 2 years since he came to the UK as my spouse and we have an abundance of documentation, mainly in our individual names (but at the same address) but also a few things (joint savings bank account, joint AA membership) etc that are in both our names and also we're both employed full-time so have payslips etc so I'm assuming it will be straightforward enough!

How far in advance do u need to book the appointment at Croydon. If I rang today for example would they give me one say for 24th February onwards (which is when I've been told he should apply from)?

Casa - my husband is sitting his Life in the UK test today in fact so have wished him good luck for that!

[abi_abc]

Start phoning them now. Don't delay or there may be no appointments. Keep on ringing until you get through.

From reading the various forums I have seen that the appointments seem to open up six weeks in advance. Then they go very quickly especially at Croydon. So if you ring today you may not be able to get an appointment sooner than 6 weeks from today which may be very near to your expiry date. You must get an appointment before 13 March.

All the best

Abi

[mirnat]

Thanks very much Abi for that advice! Just trying to convince my husband now that it's worth us both using up a day's holiday at work to go to Croydon and to pay the extra £200 to apply in person!

[mehak_327]

PEO's give 6 weeks in advance. So they should give you 24th feb today since its within 6 weeks.

trust me the extra £200 is definitely worth it !!

all the best

[abi_abc]

Just a further suggestion that might convince your husband ...

All the forums are indicating that postal applications are taking at least 3 or 4 months and they seem to be getting longer - not the 20 days that the website might indicate and not even 14 weeks - most much longer. So if you send by post you will be without passports and unable to travel out of the UK for at least this length of time. Does he really want to be imprisoned in the UK for this long!! To me the extra £200 and time off is definitely worth it!!

[mirnat]

Thanks Abi, I think I've convinced, especially as we'd like to go away for the early May bank holiday (this is assuming he gets his ILR although I can't see any reason why not, our situation is straightfoward and the documentation is clear, there's no kids or reliance on public funds, third party support etc!) and so from what u say, we might not have our passports back in time to travel at the beginning of May whereas paying the extra £200 and applying in person we will have! Yes I saw the 20 working days on their website but I think this should be updated with the actual time it is taking!