Than ks for your question.
Are you asking if you/your wife can prepare your application for Indefinite Leave to Remain yourself, or if you need a solicitor?
How much time has your wife/step-son spent outside of the UK since coming here on their spouse visa?
Thanks for your reply.
Are you travelling to a country which requires you to apply for and obtain a visa?
When does their current leave to remain expire?
So they will return form China before their current leave to remain expires?
What's the earliest date that she could apply for ILR? This should be 28 days before she has been here on her spouse visa for two years..
Right, the difficulty is obviously that when she and the child apply for Indefinite Leave To Remain they will have to submit their passports.
The earliest you can apply is on the day which is 28 days before she has reached the two year period. So they could attend one of the public enquiry offices in late June to submit their application by personal appointment. If the application is professionally prepared by a solicitor then it will make it easier for them to determine and in the case of appointments these are usually determined within 24 hours of your appointment but occasionally a bit longer.
There will then be a delay in returning your application to your wife because the passport must be endorsed with ILR. This usually takes 2-3 weeks, so you will have to factor this in your travel plans and I would caution against booking flight tickets until the passports are returned. Were she to travel and return with only one month remaining on her passport, then yes this could be potentially problematic and lead to a refusal of entry. This is too much of a risk.
There is not getting around it I'm afraid, I regret that you're simply going to have attend by personally appointment ensuring that your application is valid and shall be approved by getting a solicitor to prepare and then taken your chances with the return of the passport. Sorry it could not be better news.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.
I will answer your follow up questions you may have.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).