Process after spouse visa - Confused

[Ahmed-omar]

Hi Guys,

I know its long but the lawyer/advisorI paid £50 for one hour session could not give me adequate answer and I am seeking desperately for an answer, please read and help me.

My wife submitted her spouse visa through VAC in syria in July 2011 to the process center in Jordan, she was initially rejected, but through communication with UKBA in UK and assistance through MP (over 1 and half year), they looked finally looked at my case (without an appeal process or new application made) and they then asked me to send some further documents to Jordan process center. They granted my wife a visa on 12/2012 but had to send this to Malaysia as my wife moved there because of the war in Syria. My wife thus arrived to the UK on 04/2012 and we now live together with our baby son in the UK.

I am trying to understand whats the Indefinite leave or remain/British Naturalization process for my wife, I understand that if someone applied before 07/2012 then its 2 year wait but if someone applied after it is 5 years wait:

which on is it? is it 2 years or 5 years? and my second question is; if for example it is 2 years, then does this mean my wife can apply for ILR on 04/2015 and then British Naturalization by 04/2016? is this the process after spouse visa is granted .

I really appreciate your help guys

[Casa]

Your wife's spouse visa application should come under the 'old rules' pre-July 2012. In which case she can apply for ILR 28 days before the 2nd anniversary of her entry into the UK. Once she has ILR and has completed 3 years residence in the UK she can apply for British Citizenship.
She will require a pass in the Life in the UK test and B1 level English before she submits the ILR application.

[Rayking]

Try and clarify those months, your wife granted visa 12/2012 and arrived 04/2012? If 12 & 04 are months,then something is wrong with the dates.
But if your wife wanted granted before July 2012 then she can apply for indefinite after 2 years but she needs to pass life in UK test and pass English language at B1 level.

[Ahmed-omar]

She was granted entry on December 2012 and arrived in the UK on 1 April 2013.

Would I need to show that I meet the earning and accommodation required similar to when I first applied for the spouse visa?

[Rayking]

If she was granted Dec 2012,isn't the expiry date stated on it?
That was post July 2012 and you need to meet financial requirement and English language requirement when next you're renewing.
Yes you need to,but you can combine income to meet 18600 provided your spouse is working when the time comes.

[Casa]

If the application was submitted before 9th July 2012 (which you've said it was) you won't have to meet the £18,600 annual earnings.
You'll just have to show that you are able to support yourselves without claiming Public Funds, How long was the visa issued for?

[Rayking]

@ Casa,am I missing something, is it when application is submitted or when granted?he did say he had to show earning when he did?

[Casa]

When it's submitted. He hasn't actually said what level of earnings he had to show at the time, If I remember correctly it would have been around £114.00 (approx) per week after rent/mortgage had been deducted.

[Rayking]

Ok,I got it.