indefinate stay

hume · Post by **hume** » Mon Oct 12, 2009 9:10 pm

my wife is a non EU citizen who is applying for indefinite status. she has completed the 'life in the uk' test but was refused by the home office. she has been given a 3 year visa while the 'review' her case. i must add that my wife came to the uk on a student visa and it had run out at the time we were married. i'd like to know the law regarding this and how long must she wait for indefinate status.

p.s. we've been married for 6 years and have 3 children.

taliska · Post by **taliska** » Mon Oct 12, 2009 9:27 pm

post more info, such as when/where did you get married, when did she come to uk, when did her student visa run out and did she apply for renewal before it ran out, what type of visa was she issued etc...as it stands it sounds like you may have applied too soon

hume · Post by **hume** » Tue Oct 13, 2009 1:12 am

taliska wrote:post more info, such as when/where did you get married, when did she come to uk, when did her student visa run out and did she apply for renewal before it ran out, what type of visa was she issued etc...as it stands it sounds like you may have applied too soon

we got married in south east london, she came to england in 2003. we met and married in 2004. we married in april 04 and her visa ran out in late february or march of the same year. she was on a student visa. the 3 year visa she was given was running out when we applied for indefinate stay. it states on the home office website that application for IS must be done a month before a visa expires.
we have a solicitor dealing with our case and he was surprised by the issuing of another 3 year visa. my query is regarding whether my wife overstaying her initial (student) visa is grounds for the home office to put off her indefinate stay, indefinately (no pun intended).

bani · Post by **bani** » Tue Oct 13, 2009 11:30 am

hi, i'm a little confused why she didn't apply for ILR sooner. please answer these questions.

what was your status in 2004? were you a british citizen?
are you a british citizen now?
what was her status after marriage (between 2004 and 2009)?
when did she apply for ILR?
what kind of visa is the 3 year visa given?

hume · Post by **hume** » Tue Oct 13, 2009 5:20 pm

bani wrote:hi, i'm a little confused why she didn't apply for ILR sooner. please answer these questions.

what was your status in 2004? were you a british citizen?
are you a british citizen now?
what was her status after marriage (between 2004 and 2009)?
when did she apply for ILR?
what kind of visa is the 3 year visa given?

I'm a british citizen and have lived here all my life. after marriage my wife was given a visa to remain in the country for a 2 year basis. that was extended to 3 (3 years ago) and now a further 3 year visa has been issued. our solicitor (who, once worked in the home office) had advised us to wait for 5 years before applying due to my wife overstaying her first visa. my wife applied for ILR a couple of weeks ago.

bani · Post by **bani** » Tue Oct 20, 2009 6:44 pm

Sorry for the delay in getting back to you. i'm surprised that she did not get her ILR. It sounds like her overstay was only a few months? And now she has about 5 years of legal stay and marriage to a UK citizen.

I assume the kind of visa she has had since 2004 is a spouse visa. Without the overstay - if she was given a spouse visa in 2004, she was eligible for ILR in 2006.

Good luck. Sorry, it's such an unusual case for me that I can't be of more help.

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indefinate stay

indefinate stay