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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6375
Experience:  BA (Hons), PgDip, Practising Solicitor
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my chinese wife and step son have a two year visa which expires

Resolved Question:

my chinese wife and step son have a two year visa which expires next july when we want to get a permanent residence visa. I understand that we can only apply one month before the date we want to go to china for a holiday around this time during the school holidays so it is quite important for us to get the visa's on time. we did not have any problems getting the visa's for them to come here, is thhis something we should apply for ourselves or do we need help from a solicitor?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi,


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?

 

Kind regards,

Tom

Customer: replied 2 years ago.
My wife and step son have not spent any time outside England since arriving last July 20th. 2010

my step son was 5years old when he arrived he started a local school in september 2010 and had a very good report at the end of the year.

Expert:  Thomas replied 2 years ago.

Hi,


Thanks for your reply.

 

Are you travelling to a country which requires you to apply for and obtain a visa?


Tom

Customer: replied 2 years ago.
Not at this time my wife and step son want to go back to China during the school holidays next year and I will go for 2 to 3 weeks while they are there, then they will return to England in time for the school term next september.
Expert:  Thomas replied 2 years ago.

Ok.


When does their current leave to remain expire?


Tom

Customer: replied 2 years ago.

30/09/12
Expert:  Thomas replied 2 years ago.

So they will return form China before their current leave to remain expires?

 

Tom

Customer: replied 2 years ago.
yes they will return early september but could if needed return late august I was worried that they might
not be allowed back in the country with less than 30 days on their visa.
Expert:  Thomas replied 2 years ago.

Right.

 

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..


Tom

Customer: replied 2 years ago.

They arrived 20th july 2010 I believe we can apply one month before that date could we ask for an appointment to be seen then if so when could we apply for the appointment.
Expert:  Thomas replied 2 years ago.

 

Hi,

 

Thanks for your reply.

 

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.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
yes we will employ a solicitor and apply for an appointment is this something you would be interested in handling for us?.
Expert:  Thomas replied 2 years ago.
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