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Hi,

I would appreciate if someone can help me out.

I was granted a Spouse Visa on 1st Jan 2009 valid till 31 March 2011 , I arrived in UK on 27th March 2009 & left on 13th April 2009. After that I came back on 24th Sep 2009 & have been here ever since. I am applying for ILR in 2nd week of March. I am confused whether I fulfill completing the 2 year probation condition or not. As on guidelines for SET(M) it states

"One of the requirements is that you have to complete 2 years’ leave to enter or remain as the partner of the person named in your application. That period runs from

- the date on which you entered the UK with a
visa in the relevant category; or, if you did not
enter the UK with such a visa, from

- the date on which you were first granted leave
to remain in the UK in the relevant category"

I would really appreciate some help ...

See also Time spent outside the UK


regards

Thanks for the input

I read some other forums & I am little confused about a couple of things, again would really appreciate your input

As mentioned in may case I came on 27th March so according to my understanding my probationary period started from that date (1st Entry in the country) which means that time spent outside UK will start from that date as well.

e.g. total of 5 months, 1 week, 5 days (from 14th April to 24 Sep)

or would they also include time spent outside ever since the valid date of visa i.e. Between 1st Jan till 27th March as that would extra 2 months, 3 weeks, 5 days

Secondly in may case at the time of issuance of the visa I was working in my home country & my wife was doing her masters which ended around Aug 2009 as well. My contract with my previous employer had a clause that if I left before 31st July 2009 I would have to pay back a penalty which would be equal to amount spent on my training. It was a 3 year training Program. So due the heavy penalty I didn't come earlier. Should I mention that in my application or it would hurt my case.

Once again would really appreciate your help & given my situation would you recommend that we apply for ILR or FLR? (We meet all other criteria, Both working, Life in UK cleared, License, Letters etc.)

Regards,

Apply for ILR between 27 February 2011 and 30 March 2011.

Thanks for your input

But just wanted to clarify did u meant between 27 March 2011 and 30 March 2011 or is it 27 February 2011 and 30 March 2011.

I'm asking because according to what I read I can only apply 28 days before expiration of my visa which starts on 3rd March 2011 as my visa is valid ill 31st March 2011.

Again thanks for all the guidance