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Ilr by post if spouse visa runs out end of this month

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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luke79
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Posts: 42
Joined: Wed Sep 07, 2011 4:41 pm

Ilr by post if spouse visa runs out end of this month

Post by luke79 » Sat Sep 10, 2011 9:32 am

If I was to post our application on Thursday next week which is 15th Sept by special next day delivery, do you think there is enough time for them to take payment and acknowledge our application if the spouse visa expires end of this month ?

I have included my debit card details on the form, as cheque clearance takes longer, is bankers draft clearance same as cheque ?

The worst thing to happen is them not acknowledging our application before visa expiry which is the last day of this month.

What are your views?

Lucapooka
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Location: Brasil

Post by Lucapooka » Sat Sep 10, 2011 9:46 am

If you submit to the UKBA an application to extend or switch, and your current leave is due to expire, then as long as it was still valid at the time you submitted the application your leave will continue to be valid beyond the original expiry date while the new application is being considered. If you are posting your application, the date of posting is the date when the application is submitted.


34G.For the purposes of these rules, the date on which an application or claim (or a variation in accordance with paragraph 34E) is made is as follows:

(i) where the application form is sent by post, the date of posting,

(ii) where the application form is submitted in person, the date on which it is accepted by a public enquiry office of the United Kingdom Border Agency of the Home Office,

(iii) where the application form is sent by courier, the date on which it is delivered to the United Kingdom Border Agency of the Home Office, or

(iv) where the application form is submitted online, the date on which it is so submitted.

luke79
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Posts: 42
Joined: Wed Sep 07, 2011 4:41 pm

Post by luke79 » Sat Sep 10, 2011 10:05 am

Thanks for that info lucapooka, very kind of you.. so il be ok then

may i ask you another quick q mate

As we dont have any savings, do you think it would be worth going to a jeweller, getting our gold valued and getting a receipt to submiit with the docs for finances, already including 2 years p60s, latest 3 bank statments and latest 3 wage slips..

We spend what I earn hence the question..

gold is worth near enough to £10,000

Thanks

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sat Sep 10, 2011 10:15 am

No, that would be a waste of time as it would not be considered. There is no requirement to hold savings if you have regular income. ILR is seldom refused for reasons of maintenance (unless the applicant has been in receipt of public funds). If you have been able to support yourself for the probationary period and it looks likely that you will continue to do so, that is normally sufficient.
Last edited by Lucapooka on Sat Sep 10, 2011 10:58 am, edited 1 time in total.

luke79
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Posts: 42
Joined: Wed Sep 07, 2011 4:41 pm

Post by luke79 » Sat Sep 10, 2011 11:28 am

Thanks once again mate :)

vinny
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Post by vinny » Sat Sep 10, 2011 12:12 pm

Make sure that it's a valid application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

luke79
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Posts: 42
Joined: Wed Sep 07, 2011 4:41 pm

Post by luke79 » Sat Sep 10, 2011 1:18 pm

vinny wrote:Make sure that it's a valid application.
Hi Vinny

Please can you elaborate on this statement ? Are you referring to the posting of my application ?

I hear this phrase mentioned so many times on these forums so thanks for that , but I dont know what is a valid application, how do i check, what do i check and where ?

Do we have a valid application ?
Im the british born spouse, wife is on a 2 year spousal visa which expires end of this month, she has been in the UK for nearly 26 months , she has her esol proof and cert, we have all the docs of cohabiation spanning the 26 months, marriage cert , house accommodation proof , finance proof, we have had a child together too in the uk whilst on her 27 month spousal visa.. , i (the spouse) work full time,

wE will be posting the ILR app by special delivery 2 weeks before the spouse visa expires..

what else is required to check ilr application validity?

Let me know if you need anymore info

Thanks

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Sep 10, 2011 1:42 pm

Click on given link(s) for more information.

Basically, recent photographs; correct payment; answering all mandatory questions on the application form; etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

luke79
Newbie
Posts: 42
Joined: Wed Sep 07, 2011 4:41 pm

Post by luke79 » Sat Sep 10, 2011 1:53 pm

cheers vinny, will do..

Btw i meant shes on a 27 month spousal visa, not a 2 year one..

shes been in UK almost 26 months now..

Lucapooka
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Location: Brasil

Post by Lucapooka » Sat Sep 10, 2011 1:56 pm

Was there any particular reason she did not apply in June (28 days before the 2nd anniversary of her entry)?

luke79
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Posts: 42
Joined: Wed Sep 07, 2011 4:41 pm

Post by luke79 » Sat Sep 10, 2011 2:49 pm

Because I knew there was a window in which one would need to apply in, so we didn't hurry with the preparation of the application as soon as she entered this window..

I enquired about the settlement checking service by LEA in mid Aug, hoping for a Aug appointment, but I was advised the next available appointment I could have was in mid sept , this further prolonged the submission.

Since making this appointment, we have decided to not use the settlement checking service and post it ourselves as I cant get the time off work to attend.

I'm waiting for the most recent bank statement which will arrive in the next few days, as soon as it does, we will be posting the application ourselves via RM Special delivery to that Durham po box address stated on the form.

Do you ask because we may have an issue by leaving it more towards the closure of the spousal visa she holds? if I post it on 15th sept, there is still 15 days left before expiry.

vinny
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Post by vinny » Sat Sep 10, 2011 3:46 pm

Shouldn't be a problem, if she satisfies all the requirements for settlement.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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