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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I have a few questions regarding my wifes settlement

Customer Question

Hi,

I have a few questions regarding my wife's settlement visa as spouse of British citizen.

She submitted her application and supporting documentations at the Paris Worldbridge on 5th July 2012. (Worldbridge issued a receipt of application stamped with the date 5th July on the receipt) The entry clearance was granted on 6th August 2012. The entry clearance is valid for 24 months, from 6th August 2012 to 6th August 2014. (Not the usual 27 months) On a separate page of her passport, there is a small stamp that simply says "UK Paris, 11/07/12"

1. UK's immigration rules change takes effect on 9th July 2012 where applications submitted on or after that date will require 5 years marriage probation instead of the old rules of 2 years probation. My question is in my wife's case, will she qualify for ILR within 2 year times time under the old rules? Which date would be accounted for as date of application - the 5th July 2012 or 11/07/12?

2. She plans to come to the UK on 24th August 2012 for the first time. Will she qualify for ILR application on 6th August 2014 or 24th August 2014?

3. She took a Pearson English PTA test in June 2012 which will expire in 2 years time. When she apply for ILR in August 2014, this test result will have expired. Will she have to take another ENglish test in order to apply for ILR?

Thanks!
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Just to clarify, because you have not said - you are travelling with her and shall remain in the UK with her, correct?

Tom
Customer: replied 1 year ago.

Hi,


 


I live in the UK at the moment and she does plan to live in the UK with me.


 


She will arrive in the UK on Aug 23, and I will be also returning from a business trip on a different flight. We will land at different terminals at Heathrow airport. Does this matter?


 


 


Jake


 


 

Expert:  Thomas replied 1 year ago.
Hi Jake

Thanks for your patience.

Landing at different terminals is not a problem. I doubt they would but they could always contact you if they had any doubts.

Using the numbering in your original question:-
1) If you received a receipt of submission of your wife’s application either on or before 8th July then she her application and her ILR will be judged according to the previous rules:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/

You should keep the receipt to prove this though

Thereof the date she will be eligible to apply for ILR will be two years after the date she actually comes to the UK.

2) On this basis she would be eligible to apply for ILR on 24th August 2014. However, there is a provision which allows you to apply earlier if her travel was slightly delayed and so she should apply immediately before her visa expires in 6th August 2014 and if she otherwise meets the eligibility criteria then she will received ILR
3) I believe that test proves that she can speak English and so when she does actually come to apply for ILR she will have to pass the Life in the UK test:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/knowledge-language-life/demonstrating/


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 1 year ago.

Thank you, Tom.


 


The original receipt with the 5th July 2012 date stamp was taken away by the Worldbridge visa service. But she did obtain a photocopy of it. Would this be sufficient?


 


Does it seem unusual that she's only granted a 24month visa instead of the usual 27months, which gives extra 3 months to allow for travel arrangements to be made?


 


 

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Thanks. ;-)


 


Is there any specific guidance on how much earlier than 24th August 2014 can she apply for ILR? The 2-year rule is a bit vague here. 6th Aug would be roughly 18 days before 24th August. Is there any rule that specify one can only apply up to a certain number of days (say 28) before the 2-year ILR qualification date?


 


While the date of receipt of submission of application and documentation would be accounted for when it comes to whether old rules or new rules would apply, do you know what is the meaning of the "UK Paris 11/07/2012" stamp on her passport?


 


 

Expert:  Thomas replied 1 year ago.
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