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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir/Madam, My wifes visa was issued abroad which was

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Dear Sir/Madam,
My wife’s visa was issued abroad which was valid from 28th October 2010 to 28th October 2012. She delayed her travel for 6 weeks and got into the UK on 10th December 2010.

Her current leave will expire on 28th October 2012. Can she apply for settlement using or she has to apply for extention of stay? Which form should we use?



Her total time in the UK is therefore 2 years less 6 weeks. Correct?

Customer: replied 4 years ago.




Thanks for your patience.

If she did not delay her travel to the UK for more than 3 months from the date that her leave to remain was granted then she should still be able to apply for and obtain Indefinite Leave to Remain now.

You will see from the following link that it is the case that a person can still apply for ILR if they came to the UK within 3 months of the visa being granted:-

I appreciate that the guidance on the above link is in repsect of the 5 year residential period as a result of the recent change in rules but they rules apply just the same to 2 year applications under the old rules (which yours is).

You will also see from the above link that you should apply using UKBA form SET(M)

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Kind regards,

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