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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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When can my wife get her ILR: My wife applied for her UK

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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 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).:-

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:-

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.

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Kind regards,

Customer: replied 3 years 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.


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,

Customer: replied 3 years 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.


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

Kind regards.

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,


Customer: replied 3 years 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


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?




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