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What Should I apply for?? SET(M)

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Confused987
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What Should I apply for?? SET(M)

Post by Confused987 » Fri May 31, 2019 6:45 pm

I am a Pakistani passport holder who lives in the UK on a spouse visa. My time in the UK is almost reaching 5 years and am almost ready to apply for ILR, however looking at the dates (important dates in bold):

Initial visa valid from: 3 Apr 14 (exp: 3 Jan 17)
Entry into UK 28 Aug 14
FLR Date of issue: 15 Nov 19 (exp: 12 June 19)

So, my residence permit expires 2 and a half months before I have been in the UK for 5 years. However my initial visa has been valid for more than 5 years.

I didn't enter straight away as culturally, I my family hadn't 'handed me over'. - We were legally married but not all cultural steps had taken place.

I renewed my visa 1 and a half months early as I needed to travel to Pakistan for my sister's wedding and used the same day service.

Can I apply for the ILR or must I apply for another further leave to remain for 2 and a half years? Is there a 3 month extension? Can I apply for ILR and book my appointments as late as possible to delay the processing of the application?
If they refuse - can I appeal on the basis that "Oh, well now it has been 5 years"? .

I also have a son, who as well as my husband were born in England

Many thanks in advance for your help...

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CR001
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Re: What Should I apply for?? SET(M)

Post by CR001 » Fri May 31, 2019 6:51 pm

Your residence clock for ILR starts counting from the date you entered the UK on your spouse visa.

You will need an extension to cover a few months. Visa fee is £1033 us £1000 IHS.

ILR will be refused as you don't meet the residence requirements. A few members have been refused for this exact reason in the last couple of months.
Char (CR001 not Casa)
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Confused987
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Joined: Fri May 31, 2019 6:29 pm
United Kingdom

Re: What Should I apply for?? SET(M)

Post by Confused987 » Fri May 31, 2019 7:28 pm

Is a 30 month extension my only option? Does the fact that we have a 4 year old son make a difference?

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CR001
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Re: What Should I apply for?? SET(M)

Post by CR001 » Fri May 31, 2019 7:31 pm

Is a 30 month extension my only option?
Yes.
Does the fact that we have a 4 year old son make a difference?
No.

By delaying your arrival and applying early for an extension, you have this shortfall and your only options is another visa extension.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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