Settlement Spouse/CP (kol req.) ILR wait and form

[earth2ange]

Hi,

This seems to be a rare topic as my specific type of Visa Settlement Spouse/CP (kol req.) was only issued for a short period and ceased to exist on July 9, 2012. My application must have been one of the last to be granted as we rushed to get in before the changes and therefore my visa is valid until December 10 2014.

We entered in October 2012. I have my Life in the UK Pass (March 2013) and was advised late last year that I could apply for ILR at any time (we have been married for 13 years and have 3 children with UK citizenship by descent from my husband - the eldest is 12).

I am ready to make my application - actually have an appointment in Liverpool on Thursday, but am now becoming concerned that recent changes mean I am no longer able to make this early application. Also I have read on another forum that form Set (O) should be used since April 2013 as my case falls under "other" circumstances.

Can anyone that has been in my situation recently advise on this please?

I am hoping to take along copies of the legislation that says I can apply once KOL is satisfied and am not subject to the normal 2 year waiting period, as I have heard that not all immigration officers are aware of all of the transitional rules which apply in these cases.

The waiting is only a problem because my husband and I want to buy a home and ILR is required for the mortgage.

Any help is appreciated. Even if I don't get an answer, I will update the results of my appointment for anyone else in my situation. It is my understanding that if they don't accept my application then I will just lose my £100 booking fee and have to make another appointment for November.

Thanks,

Angela

[Casa]

You're still entitled to apply under SET(M). You shouldn't have a problem but take a copy of the legislation with you.

[earth2ange]

Thank you. Could you advise which legislation you are referring to?

I thought it was 287 (a)(i)(c) because my LL was granted under 282 (c) - but in the currently available copy of Part 8 rules

https://www.gov.uk/government/uploads/s ... MASTER.pdf

paragraph 287 (a)(i)(c) reads with "; and" at the end rather than "; or". This indicates I have to also meet the requirements of 287 (a)(i)(d) and I don't because it is in relation to PBS spouse!.....could this be a typo? - all other paragraphs in this section end with "; or". Even if it is, I wouldn't like to try and prove that at my appointment. Until I went to print out the legislation this afternoon I thought I had everything covered.

[tfirth]

earth2ange

How did your application go?

We have the exact same situation. we could have applied 18 months ago for ILR but didnt realise we didnt need to wait 2 yrs.

Please advise? Any chance of a phone chat on how it went etc?



Tracy

[CR001]

earth2ange

How did your application go?

We have the exact same situation. we could have applied 18 months ago for ILR but didnt realise we didnt need to wait 2 yrs.

Please advise? Any chance of a phone chat on how it went etc?

Te:

Tracy

Tracy, please remove personal information (mobile number). This is a very public forum.

[Casa]

I've removed it.