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Hi bit about my wifes application

applied outside uk (india) april2012
the caseworker rejected
went to appeal in the uk
visa was granted in 22-10-13

do i have to wait 5-10years for her ilr or can i do after 2years and go directly for ilr rather than extending it for that time.

also what is the financial's i have to provide for the application am i right in thinking that as i had applied before the maintenance funds increase i would not be applicable for the 18.600 income bracket.

My wife has a long way to go yet for her application but i guess its best to start early and make sure there are no mistakes.

Advice most welcome.

Wow, that was some delay! Before going on, can I ask, when does your wife's current visa expire?

Also, why was the decision so delayed? Were you or your wife in any way to blame for the delay? Or did you supply all information requested on a timely basis?

OK, please download :-

https://www.gov.uk/government/uploads/s ... Part_8.pdf

-: and then go to page 4 of 60. There have a look at (c). It seems to me that ".... persons who have made an application before 9 July 2012 under Part 8 which was not decided as at 9 July 2012 ...." exactly fits your wife's circumstances.

Before going on, do you agree that (c) is in play? If it is, that appears to be good news.

Indeed, john is correct, as the application was submitted before 9 July 2012, then your spouse has transitional protection and can apply to settle under Part 8 of the rules once s(he) completes the 2 years probationary period, or rather from 28 days before that date. B1 English and LIUK required. Adequate maintenance and accommodation rather than any specific financial requirement.

Since you applied before 9 July 2012, you would be under the old rules, 2 years probationary period as mentioned, then you can apply for ILR.

John, that is some delay, but that's probably normal for someone appealing a rejection in this day and age. It was the same case for me too. I applied for my other half's visa in February 2012, refusal in May 2012, appealed (a very long daunting process), refusal overturned and appeal granted in April 2013 (went to court, oral hearing) with the visa being issued in June 2013, well over the year. I did consider doing a fresh application for the time the appeal was taking, but it would have meant applying under the new rules (5 year route) so decided to continue with the appeal. Delay was mainly with the Home Office not replying, not meeting deadlines set by the tribunal, etc... so I wouldn't be surprised if the OP was in the same position as me.

dharmesh87, its very good that you are preparing early. As mentioned, get the LIUK test (no expiry) and English B1 done now as this is two things you can tick off the list. If the tests are not passed first time, you have ample time to pass them with good preparation, as there are many cases with people leaving these to the last minute, then panicking when they can't take them on time or pass them in time with the visa expiring, leaving them with no option but to apply for a visa extension (FLR(M))

As you are under the old rules, you don't need to meet the 18,600 financial requirement, just ensure you meet the adequate maintenance requirement. Amber has made a sticky on this:

http://www.immigrationboards.com/immigr ... 04025.html

Remember to keep all documents for proof of cohabitation, spread over the 2 years, either in joint names or in each name. One joint letter (or one letter in each name) over a 4 month period from 3 different sources spread over the 2 years is the minimum requirement, but i would submit more to be on the safe side (one letter every 2-3 months is sufficient IMO).

I'm in the same position as you, but with be applying a bit earlier. I've decided to go for a PEO appointment for ILR next year when I apply just because I can't deal with the headache all over again, knowing the application will be decided same day as people who has applied via postal application are waiting on an average of six months for a decision.

Hope this helps.