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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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When can my wife get her ILR: My wife applied for her UK

Resolved Question:

When can my wife get her ILR:

My wife applied for her UK spouse visa on 20 June 2012 using form . At this time I was on ILR (I am now a citizen). She was granted her UK spouse visa in late November 2012.

Her Visa duration is for 2 years and 3 months.

I understand that from July 2012, some new immigration rules have come into force that require a spouse to stay in the UK for 5 years to be eligible to get an ILR. However, some people suggest that because my wife ""applied"" for her visa before July 2012 (i.e. in June 2012), these new rules will not apply to her and she will get her ILR in 2 years (as per old rules) and that it does not matter that she got her visa in Late November and that she entered UK in late December.

My question is therefore:

1) what is her eligibility to get her ILR? and
2) Is there a way I can find out for sure from the UK home office?

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

Thanks for your patience.

You will see from the following UKBA webpage that applicants who applied for a spouse visa before 8 July 2012 will be considered under the old rules for settlement (ie. ILR).:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/before9july/

Please refer to the third paragraph on the above link for confirmation of the above.

You will from the following link that the requirements for settlement under the old rules are confirmed as being the following:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/before9july/settlement/

Once she has spent 2 years in the UK on her spouse visa she will be eligible to apply for ILR, subject to the other criteria mentioned on the above link.

The peoples that you have spoken to are correct.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Thanks a lot sir,


 


Your answer was most helpful and concise. However a related and important question is : what proof do I need to present to UKBA to show them that my wife really did "applied" for her visa before 8 July 2012?


 


As far as I know this date of application does not appear in any document?


 


Thanks again.

Expert:  Thomas replied 1 year ago.
Hi,

Most likely the UKBA will have a record of the date that it was received. They may have confirmed it in correspondence by acknowedging receipt of the application, or if she applied in person then she would have received an acknowledgement on the day.

You can also produce your proof of postage to show the date when it was sent therefore the date that it was most likely received by the UKBA.

Thanks for rating my answer and your very kind bonus.

Kind regards,

Tom
Customer: replied 1 year ago.

Thanks again, She applied using an online system and therefore she has not received any acknowledgement as such.


 


Is it worth me asking for an acknowledgement from UKBA now? as its only been 8 months since she applied?


 


Thanks again.

Expert:  Thomas replied 1 year ago.
Hi

Yes, I would write to them simply to ask what her application date is.

Kind regards.

Tom
Expert:  Thomas replied 1 year ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position.

Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom



Customer: replied 1 year ago.

Hi Tom,


 


Thanks again for all your help. One final request, I wrote a letter to Home Office using the following address. Can you please confirm if this is the correct address or if there is another address I should have used:


 


Home Office
Direct Communications Unit
2 Marsham Street
London
SW1P 4DF


 


I indicated my wife's visa ref number to help them locate her details. Not sure if this is enough?


 


I have also asked them if I can apply for ILR after two years for my wife. Not sure if they can answer this but I thought it was worth a try.


 


Please let me know if the address I used is the correct one?


 


Thanks



 

Expert:  Thomas replied 1 year ago.
You have not rated my previous answer. This means that I have not yet been rewarded for the time I have taken to answer your question.

Please rate my answer and I shall then respond.

Tom
Thomas, Solicitor
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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