UK Immigration Law
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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.
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