Early settlement visa

[krssubbu]

hi,

I have a question. I am on ILR and my wife is on spouse visa eligible for settlement in May 2014. She is on 27 months spouse visa and need to be 2 years in the UK to be eligible for settlement. She has already been out of country for a month and between now and May she will need to visit India 2 times. So is there any chance I can get her settlement visa done before May, maybe in Feb (she would have been in the UK 20 months by then) Has anyone done this and got their visa ? (and apart from this she has been in the UK for 1.5 years on Tier 1 dependant visa but went to India for maternity and ran out of her visa. so she applied as spouse visa)

Moderators please let me know views and other people if they have applied earlier please let me know

Thanks

[krssubbu]

any thoughts please ?

[MPH80]

The criteria for ILR is that she has spent 2 years in the UK as the (read: on a visa as) spouse of a person present and settled here.

Since she won't have met that criteria by 1 1/2 years into the visa ... the application will fail.

She can apply up to 28 days before she's eligible.

M.

[krssubbu]

hi,

thanks for this. my wife needs to go to India relating to her health issues (As in the NHS it takes long to see). she will be out of the country for about 1 and so in total she will be 3 months out of county and 2 months will be for medical reasons

is this acceptable with Homeoffice. I know it mentions about family emergency but what about going aboard for own health reasons ?

[MPH80]

The NHS will make sure she's treated in the timescale appropriate for her illness. If it's life threatening - it'll get dealt with appropriately quickly.

So she's making a choice to return home to be seen more quickly.

Ergo - it's not an emergency.

Even if it was - the most likely outcome would be an extension under FLR(M) to enable her to apply for ILR once she returns.

M.

[krssubbu]

Thnaks MPH80. I am not sure if you know about the NHS here but I have not faith in this system as they seem to be very slow. She has been ill since 5 months and they just found out what is the cause of it. so I am bit worried now. but I thought medical reasons is an emergency, as she has more support in India than here. isn't it ?

so if she applies for flr(m) does it mean she has to stay for another 2 years so can she just fill in the gaps (for the shortfall)
and do you know how much it would be as if this is the case I will need to apply for my child as well

[MPH80]

I'm very aware of the NHS - all of my family have received a variety of treatment through it - including for life threatening conditions. They are all still here. It might not be the best premium health care system in the world - but it does what it needs to and is decidedly under appreciated by the british population - and I speak as having been through the US and Canadian health care systems.

See this page for costs: http://www.ukba.homeoffice.gov.uk/visas ... e-cp/fees/

[krssubbu]

ok if she applies for flr (m) does she need to do stay for another 2 years or just cover the shortfall ?

and personally do you think 3 months would be a problem ?

[MPH80]

She just needs to cover the shortfall.

Hell of an expense to receive 'better' treatment ... additional visa costs ... health care costs ... flights back and forth ...