Delayed Entry after Spouse Visa now due for ILR
Posted: Sun Dec 11, 2011 9:24 pm
Hi Everyone,
I have tried to read through all relevant threads but couldnt find the answer to my question. I believe I am in somewhat unique situation.
I am a British National and I married my wife while I was living in Middle east for a project. She is non-Eu national.
When we decided to come back, I applied for her spouse visa which was granted promptly on 7/1/2010 with the expiring date of 7/4/2012.
We couldn't travel immediately and traveled to UK on 23/04/2010. ( 15 days more than the three month delay).
Now according to Home Office website, if the delay is more than three Months then one should apply for extension of spouse visa to complete 2 year time period. Once the two year will be complete then she can be granted an ILR.
Given the fact that she only require 15 more days to complete 2 years, should I apply for extension or directly for ILR? Given the fact that Home office would take 4-6 weeks to return my application of extension anyway and by the time I will receive her passport she will be eligible for ILR.
This two step process will cost me additional 550 pounds in addition to considerable delays.
Someone has advised that I should apply for ILR on 25th of March 2012 which is before her visa expires but within 28 days of her completing her 2 years in UK. Would that work? Home office will not refuse on the basis of technicalities?
Any help or suggestions will be highly appreciated.
I have tried to read through all relevant threads but couldnt find the answer to my question. I believe I am in somewhat unique situation.
I am a British National and I married my wife while I was living in Middle east for a project. She is non-Eu national.
When we decided to come back, I applied for her spouse visa which was granted promptly on 7/1/2010 with the expiring date of 7/4/2012.
We couldn't travel immediately and traveled to UK on 23/04/2010. ( 15 days more than the three month delay).
Now according to Home Office website, if the delay is more than three Months then one should apply for extension of spouse visa to complete 2 year time period. Once the two year will be complete then she can be granted an ILR.
Given the fact that she only require 15 more days to complete 2 years, should I apply for extension or directly for ILR? Given the fact that Home office would take 4-6 weeks to return my application of extension anyway and by the time I will receive her passport she will be eligible for ILR.
This two step process will cost me additional 550 pounds in addition to considerable delays.
Someone has advised that I should apply for ILR on 25th of March 2012 which is before her visa expires but within 28 days of her completing her 2 years in UK. Would that work? Home office will not refuse on the basis of technicalities?
Any help or suggestions will be highly appreciated.