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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am planning to apply wife.. But i wanted

Customer Question

Hi,
I am planning to apply for ILR for my wife.. But i wanted to check whether she is eligible or not.
Initially she came to UK on 2011 , and went back to INDIA in Feb 2012.to attend family function.. she was pregnant that time.But she got health problem and Doctor advised not to travel/Stress for few weeks.. But her VISA got expired in the mean time..
She couldn't able to extend her visa because of Doctor advise...
And she return back to UK after 10 months after baby Born with New VISA..
There was rule , dependent who enter uk before 2012 , can apply for ILR after 2 years spending..
Dependent who enter After 2012, needs to apply for ILR once 5 years completed..
Now my question is , whether she is eligible to apply for ILR with old rule because she first came to UK in 2011, and could not able to attend visa extension because of health issue.
or do she need to wait 5 years really.
your answer is much appreciated.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If her visa expired whilst out of the uk and she did not return to the uK for ten months then she would not be judged under the old rules. She would be judged under the new rules, meaning – as you have correctly identified – that she would now have to apply for a renewal of her current visa.
Once her visa has been renewed and she has been in the UK for 5 years since she returned she can then apply for ILR.
If she were to apply for ILR now then it would be rejected, the application fee would be kept by the home office and she would still have to apply to renew her visa (and pay another fee).
I am sorry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
Thanks Thomas for your reply..We have an doctor evidence(letter) why she unable to apply for VISA extension.. |is it possible to apply on discretionary basis.
Expert:  Thomas replied 1 year ago.
Hi,
I'm afraid that I would not be confident, I have to be honest..
Tom

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