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mackenrob · Post by **mackenrob** » Mon Dec 21, 2009 9:29 pm

My wife and I were married in 2002. In 2007, 5 years after our marriage, we decided to move back to England. My wife is a British Citizen. We made my visa application and I received a two year leave to remain visa.
I have always been worried that we received the wrong visa. It seems to me now, as I read up on visas, that I should have received ILR automatically. What is the deal with this? Do I have any right to appeal this?
I have further queries in that my visa runs out more than 28 days prior to me having been here for two years. This is due to the 42 days it took for us to get everything sorted following getting the visa and then coming to the UK. This means I have to get an extension, and then apply for ILR. More expenses that we could do without at the moment.

I would like to hear from anyone who has any knowledge about my questions.

Post by **John** » Mon Dec 21, 2009 10:58 pm

You need to be more specific. When in 2007 was the 2-year spouse visa granted? Which month? And if in April 2007, what day?

Let's deal with this point first, before clarifying the other point about 42 days.

Post by **vinny** » Tue Dec 22, 2009 1:57 am

After 2nd April 2007, KOL is also required for a spouse ILE endorsement.

mackenrob · Post by **mackenrob** » Wed Dec 23, 2009 6:11 pm

Visa was issued on February 15, 2007.

Came to England on March 28, 2007.

This is a difference of 42 days.

Post by **John** » Wed Dec 23, 2009 8:30 pm

mackenrob, let's be totally clear about the visa. What does it say? Does it say "Indefinite leave to enter"?

And what is the "expiry date" printed on the visa?

Do you really mean dates in 2007, nearly 3 years ago?

mackenrob · Post by **mackenrob** » Thu Dec 24, 2009 7:42 am

Sorry my mistake.
Visa issued February 15, 2008.

Came to England March 28, 2008.

Expiry date is February 15, 2010.

Only says UK Entry Clearance.

Danbrix · Post by **Danbrix** » Thu Dec 24, 2009 9:25 am

mackenrob wrote:Only says UK Entry Clearance.

I don't think that is what John is looking for.

Here are some of the entries on your visa.

Place of Issue: ...
Number of Entries: ...
Type: What does it say here?
Name: ...
Passport Number: ...
...

mackenrob · Post by **mackenrob** » Thu Dec 24, 2009 12:07 pm

Type: Spouse/CP

Post by **vinny** » Thu Dec 24, 2009 9:38 pm

Normally, your endorsement conditions may include "ILE" or "KOL REQ", depending on whether or not you had satisfied the KOL provisions at that time.

If you should have been granted ILE (281(i)(b)), then you may ask for your endorsement to be corrected.
Else, after you have subsequently satisfied the KOL provisions, you may still apply (by post) for settlement prior to the expiry of the visa.

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