applying for ilr one week before expiry

2036789 · Post by **2036789** » Wed Feb 22, 2012 10:36 am

hi my wifes,2 yr 3 months, spouse visa is expiring on the 22nd of March I am going to apply on the 15th of March, is this risky

as some people are telling me it might not get there on time. but i got money issues so i want to apply on 15th,

also do they take the postage date into account if you keep the royal mail receipt as proof that you posted before the expiry date.

Post by **Greenie** » Wed Feb 22, 2012 10:40 am

the date of application is the date the application is posted. See para 34G

Make sure you send the application by Special Delivery.

If you are concerned that you may not have sufficient funds in your account for the application fee to be taken, it would be advisable to pay by bankers draft (this is advisable anyway as the UKBA often has problems processing payments by card particularly postal applications where the fee is high).

Post by **Lucapooka** » Wed Feb 22, 2012 10:40 am

You question is difficult to answer unless you can tell us the date that she arrived in the UK on her current status or switched from another status inside the UK.

2036789 · Post by **2036789** » Wed Feb 22, 2012 10:48 am

hi she arrived in the uk on the 15th jan (spouse visa ) but i would have thought this was irrelevant because im applying a week before her expiry date which is 22nd march

2036789 · Post by **2036789** » Wed Feb 22, 2012 10:51 am

Lucapooka wrote:You question is difficult to answer unless you can tell us the date that she arrived in the UK on her current status or switched from another status inside the UK.

hi lukapooka she arrived in the uk on the 15th jan (spouse visa ) but i would have thought this was irrelevant because im applying a week before her expiry date which is 22nd march

Post by **Lucapooka** » Wed Feb 22, 2012 10:52 am

It's not relevant but might have been given that you gave only limited information; hence the reason I asked. If she had significantly delayed her entry to the UK it would be very relevant.

2036789 · Post by **2036789** » Wed Feb 22, 2012 10:54 am

lukamooka im confused in what way does a delayed entry affect a applicationthat you are applying for one week before expiry.

the visa was given on 22dec and she came on 15th jan. thanks

Post by **vinny** » Wed Feb 22, 2012 11:00 am

One week before expiry should be fine. It's important for her to make a valid in-time application, to preserve her right of appeal.

2036789 · Post by **2036789** » Wed Feb 22, 2012 11:06 am

vinny wrote:It's important for her to make a valid timely application, to preserve her right of appeal.

so wouldnt she able to appeal if refused if she applied one week before date of visa expiry??

Post by **vinny** » Wed Feb 22, 2012 11:09 am

They will probably take longer than a week to decide, assuming a postal application. So, her right of appeal should be ok.

Post by **Greenie** » Wed Feb 22, 2012 11:11 am

2036789 wrote:
vinny wrote:It's important for her to make a valid timely application, to preserve her right of appeal.
so wouldnt she able to appeal if refused if she applied one week before date of visa expiry??

that's not what Vinny has said. She needs to make a valid in time application - if the application is returned as invalid (for example if the payment doesn't go through or she submits the wrong form) then given that she is only applying a week before her visa expires, she will risk overstaying. If she then had to apply again as an overstayer she wouldn't get a right of appeal if refused.

Post by **vinny** » Wed Feb 22, 2012 11:16 am

Also submit the appropriate photographs, etc.

2036789 · Post by **2036789** » Wed Feb 22, 2012 11:22 am

what happens , f she overstays and looses her right to appeal, do they deport you. hopefully this wont happen as im going to get all the document propely checked, but just want to know what the worst case scenario could be

Post by **Greenie** » Wed Feb 22, 2012 11:23 am

no - they won't deport her - she will need to make another application but she will be an overstayer until her application is granted. Get the documents properly checked by a competent immigration advisor/solicitor if you are worried.

2036789 · Post by **2036789** » Wed Feb 22, 2012 11:33 am

also maybe a silly question, but some family members think otherwise

im british born and my son was born in the uk so he becomes automatically becomes british through me right? and i wouldnt have to apply for him. even though his mother is pakistani.

Post by **Greenie** » Wed Feb 22, 2012 11:35 am

yes he is automatically British. Sounds like you need to stop seeking immigration advice from your family members!

2036789 · Post by **2036789** » Wed Feb 22, 2012 11:37 am

Greenie wrote:yes he is automatically British. Sounds like you need to stop seeking immigration advice from your family members!

lol ur right. thanks for the help everyone

2036789 · Post by **2036789** » Sun Feb 26, 2012 10:17 am

i want to know i earn about 800 pound a month plus i get tax credits but im contracted only 16 hours a week, so i do alot of overtime and it shows on all my payslips but if iget an employment letter from my work will this be a problem if they say im only contracted as part time

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applying for ilr one week before expiry

applying for ilr one week before expiry