My wife [HK chinese] arrived in the UK 2 weeks after the date on her 2-year Spouse visa [obtained in HK.]. Does this shortfall of 2 weeks mean she just fails to qualify for the 2-year probation period and so can't apply for ILR? The two passages below are from the UKBA website and SET[M]Form guidance and have driven me nuts with confusion! Any ideas very welcome! Critical point seems to be 'spouse visa issued abroad'.
1] If the spouse visa was obtained overseas, you can submit an application for indefinite leave to remain 23 months after entering the UK. However, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you should submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.
If you delayed your travel by more than 3 months, you will need to submit an FLR(M) application.
[Below: SET[M] guidance]
2] QUALIFYING FOR INDEFINITE LEAVE TO REMAIN To qualify for indefinite leave to remain in one of the categories for which you must use form SET(M), you must satisfy the requirements set out in Part 8 of the Immigration Rules, which are on our website. One of the requirements is that you have to complete 2 years’ leave to enter or remain as the partner of the person named in your application. That period runs from - the date on which you entered the UK with a visa in the relevant category;
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