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JGM
JGM, Solicitor
Category: Immigration Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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Im a Brazilian citizen and married to a UK citizen. I arrived

Customer Question

I'm a Brazilian citizen and married to a UK citizen. I arrived in the UK in February 2010 in a tourist visa and me and my wife got married in June of the same year. I had to return to Brazil to sort my spouse visa that dates from November 2010. I understand that the period between February and November 2010 doesn't qualify as resident period.
My spouse visa expires this month and therefore needs renewing.
What category of visa do I apply for the renewal? I understand I can't apply for citizenship, correct? Should it be indefinite leave to remain? How should I proceed? how long do I have to file the request? Am I considered an over stayer after the date stated in my passport?
Submitted: 4 years ago.
Category: Immigration Law
Expert:  JGM replied 4 years ago.
Your spouse visa should last for 27 months. From what you say it is only 24 months. Can you clarify this?
Customer: replied 4 years ago.

It expires on the 16/02/13. I had it issued on 16/11/10.


 


I made a mistake on assuming the 24 month period.


 


Can I apply now for settlement or do I have to wait until February?


 


We have started a company but it is not trading yet. Will this affect my financial papers as this is our sole occupation at the moment?

Expert:  JGM replied 4 years ago.
Thank you. Note that the immigration rules changed on 8 July 2012 but because your original spouse visa was applied for prior to then you are still under the "old" rules. These say that you can apply after 24 months for indefinite leave to remain in the UK.

You should use Form FLR (M) which you can find here:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/formflrm1020091.pdf

Your company should not affect anything as you are not trading at the moment. Your sponsor is your wife.

I hope this helps. Please leave positive feedback so that I am credited for my time.
JGM, Solicitor
Category: Immigration Law
Satisfied Customers: 10102
Experience: 30 years as a practising solicitor.
JGM and other Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.
Relist: Answer quality.
I've required an urgent and in depth answer and all I got was a brief explanation of what I already found in the Border Agency website. I need to know more about my current situation and not have a brief comment on what Google had already done for me.
Expert:  Alice H replied 4 years ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

The advice given by my colleague is correct.

You can apply for INDEFINITE LEAVE TO REMAIN.

The form that you must use is FLR(M).

There is no further detailed answer that can be given.

You are entitled to apply for ILR and should do so as soon as possible. There is no need to wait until February.

If you do not make any kind of application and your visa expires then you will be in the UK in breach of immigration rules and liable for removal.

If you lodge the application that will preserve your position.

Once your application has been lodged UKBA will consider it and respond. That really is all you need to do at the moment.

I am happy to discuss further but please remember to rate my answer.

Alex



Expert:  JGM replied 4 years ago.
I appreciate your comment about looking for an in depth answer. However, you will see that your specific question has been answered and you have been advised what to do at this stage. If you did already find these answers online then you will know that the information you have been given is correct.

If you have any further specific questions then I would be pleased to help you by answering these. Otherwise please leave positive feedback so that I am credited for my time.

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