Apply for ILR (SET(M) or extend spouse visa FLR(M)

[r1ych]

Hello All,

Please could someone advise on the following case.

I am an American Citizen married to a British man.

My spousal visa has start date: 27/March/2008
My spousal visa has end date: 27/March/2010
My date of arrival in the UK was 30/April/2008

There are some discrepencies on the website as to whether I can apply for ILR or whether I need to extend my visa.

For example, http://www.ukba.homeoffice.gov.uk/partn ... n/#header4 states that

If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by up to three months, you can apply to live here permanently using application form SET(M) shortly before your permission to enter ends. As long as you meet the other requirements of the rules, we will put your application on hold until you have completed your two-year qualifying period in the UK.

However, form SET(M) states clearly that they will NOT accept applications unless you are within 28 days of completing 2 years in the UK. It also states that you must apply before the current visa expires.

My problem: if I apply for ILR on 27/March/2010 I will still be 33 days away from having 2 years in the UK. In theory, that could mean my application would be rejected.

Questions:

1. Could I extend my visa now by applying in person via form FLR(M)? (This way, I don't have to send my passport away for 6 months)

2. Would submitting SET(M) via post on 27/March/2010 be rejected given that I am still 33 days away from having 2 years in the UK at the time they receive the application?

K.

[hsmp2tier1]

r1ych,

I believe that you can apply on 27/03/2010 by post and state in your covering letter, the rule mentioned on the website regarding holding the application till 2 years are complete. This will save you money but will hold your passport may be for > six months.
If money is not a problem for you then you can apply for extension at any of the PEOs using the premium service and then 28 days before you complete 2 years again use the PEO premium service for SET(M).

[f2k]

Please supply the link to this 'rule' that you refer to.

IMO i would extend it via PEO using FLR(M) and then as soon as possible apply for ILR. It is certainly less hassle than taking your chances by applying for ILR straight away, which if denied could leave you in a spot of bother

[r1ych]

Hi there,

Thanks for the replies.

The conflicting rules I am refering to are:

http://www.ukba.homeoffice.gov.uk/partn ... etoremain/

If you were given permission to enter the UK as a husband, wife, civil partner or unmarried/same-sex partner but you then delayed your travel to the UK by up to three months, you can apply to live here permanently using application form SET(M) shortly before your permission to enter ends. As long as you meet the other requirements of the rules, we will put your application on hold until you have completed your two-year qualifying period in the UK.

However, the guidelines for application form SET(M) available in PDF http://www.ukba.homeoffice.gov.uk/sitec ... 042009.pdf state:

You and any children under 18 who are applying with you should apply before the end of your/their permitted stay in the UK when you are nearing completion of the 2-year qualifying period required by the Immigration Rules. Please do not apply more than 28 days before completing that period. If you apply earlier than that, your application
may be refused. If that happens, we will not refund the fee and you will have to pay again when reapplying. For visa holders only. If, after receiving your visa, you delayed your journey such that you will reach the “valid untilâ€

[Casa]

Have you passed the Life in the Uk test (KOL)? If not, you could site this as a reason for applying for FLR(M) instead of ILR.

[r1ych]

Have you passed the Life in the Uk test (KOL)? If not, you could site this as a reason for applying for FLR(M) instead of ILR.

No, I have not taken the test yet.

[Casa]

Then if you really want to extend the visa by applying for FLR(M) use that as the reason and you should be given a further 2 years. Once you've passed the KOL test you can apply for ILR without waiting for the 2 years visa to expire.