what should I do?

[pingu001]

Hi,

I have just joined the forum and require some assistance.

Some background
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I am British citizen - married - wife is Pakistani national. We were married abroad in 2007. On 29th August 07 my wife joined me in the UK as a spouse. Her intial visa expires on 7th August 2009. Few days back we have booked flights to go on holiday in September.

Yesterday, I telephoned the Home office number to make an appointment for ILR but I am told that there no appointments available at any of the offices? The lady suggested that my wife applies by post which could take up to 6 months. When I explained it to her that we have holidays booked, she said the apply for FLR (extension for visa).

Question/converns
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Can my wife apply for ILR by post and then in september request for travel documents to travel abroad?

she intends to leave on 26th Sept 09 and return on 25th Dec 09, is that ok?

Is there any disadvantage if she simply applies for extension to her visa FLR ?


What do you suggest?


Regards.

[vinny]

Subject to the KOL requirements, etc., she may apply for SET(M) (288) between 1 August 2009 and 7 August 2009. However, she may post it earlier.

See also 9. WITHDRAWN APPLICATIONS.

If she has no leave to enter/remain on her return, then she would have to apply for a spouse visa before traveling back.

There are no guarantees that her FLR(M) (284) application will be quicker than SET(M) (288). Subsequently, she would still apply for SET(M) (288).

Suggest she postpones her holiday until she is granted SET(M) (288).

[pingu001]

Thanks for your feedback vinny.

Well the fact is that I have been totally oblivious to the fact that KOL was a requirement for ILR, I thought it was only for citizenship. Therefore she hasnt completed the KOL test as yet so there is no point applying for ILR by post.

I have made an appointment on 3rd August 2009 for the FLR(extension). Hopefully, once she gets the extension and once she has returned from holidays she can then complete the KOL test next year and apply for ILR thereon. I think this is the best way forward.

Thanks