Extending Visa then applying for indefinate leave help

[Dinsey]

Hi guys, i probably may already know the answer but can i have your expertise on this.

Married Wife in India Feb 2005, she is Indian and I am UK Citizien.

She was granted a 2 year visa 30/03/05 for 2 years expiry 31/03/07.

She came into the UK 14 May 2005.

Now i have been informed that i need to apply for a extension to her visa when it runs out 31/03/07. Extending it to 2 years to when she came in the UK. By using a Forms FLR(M), giving my passport etc in. Cost of this £335.

They will renew the visa until 14 May 07 as she needs to be in the UK for 2 years until she can apply for indefinate leave.

Apply again 30 days before 14 May 07, (14 April 07). Cost £335.

So am i correct that the above is how i need to appy and have to pay 2 separate fees of £335.

Many thanks in advance.

[RobinLondon]

You're partly correct. Firstly you will have to pay £335 to renew the spousal visa by post (£500 if you do it in person). More importantly, however, your wife will need to take and pass the Life in the UK test when she applies for ILR later in the spring. There's a fee attached to that. Moreover, don't count on paying £335 when you apply for ILR. The fees are expected to increase, significantly I might add, from the beginning of April. And yes, you unfortunately must pay that higher fee for ILR as well. There's no discount for lodging two applications so closely in time!

I'd continue to watch this bulletin board and the IND site for updates. The new fees will likely be announced in March 2007 to take effect in April.

[John]

Dinsey, please appreciate that what follows is not totally guaranteed to work, but use of this ploy has worked for others!

What you need to do is apply for ILR using form SET(M), and very specifically post the application on Friday 30th March, just before the current visa expires. Of course use Special Delivery when the application is posted, given that it will contain important documents, including passports!

When making the application pay by cheque. Under no circumstances pay by using a debit or credit card.

Right, why might this work? There are a number of aspects. Firstly a visa application that is posted is treated as made on the day it is posted, not the day it arrives. And yes, they do keep the envelopes. The point is that if the application is posted on or before the expiry date of the current visa then the applicant has so-called Section 3C protection. That is, should it be the case that IND has not dealt with the application by the stated expiry date, the expiring visa is "treated as continuing" until they get round to considering the application. That is, she will not suddenly become an overstayer, as long as the extension visa application is posted on or before the stated expiry date.

OK, so it is posted on Friday 30th March, and will arrive on Monday 2nd April. You post to Durham. All they do there is ensure that payment is made, before passing the application on to a "real office" to look at. But you are paying by cheque ... deliberately! To slow matters down! Given that the Easter Bank Holidays then come along, Friday 6th April and Monday 9th April, it will probably be after Easter before the papers leave Durham to be sent to a "real office". Given the delay in looking at posted applications, you can almost guarantee that it will be on or after 16th April when IND look at the application properly. Why is 16th April significant? It is 28 days before the 2nd anniversary of your wife arriving in the UK.

Going to give that a try? At the time when you need to be doing this it has an added advantage. Given the application is posted prior to 2nd April, there is no need for your wife to rush to pass the Citizenship Test in order to get her ILR. And the application fee will be £335 ... compared to who knows what in April!

[RobinLondon]

Wow. That's very interesting. As you said, there's no guarantee, but I agree with you. I think it'll probably work!

[John]

Robin, around last March, just before the "4 year rule" became the "5 year rule", this ploy was used successfully by quite a number of people on this Board, where they were a few days short on completing "4 years less 28 days".

And it has also worked for a number of people faced with a problem regarding getting ILR after a 2-year spouse visa, just like Dinsey's wife.

[RobinLondon]

Yes, I now remember the debates at the time. And you're right, there's a very good chance it will work. Let's just cross our fingers and place our trust in the occasionally positive torpidity of the Royal Mail and IND!

[lovetota]

hi disney would you please tell me what happens after all this because i am in the same situation and i dont know what to do. I hope every thing would turn out ok for all of us.