How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Law Question Here...
UK_Lawyer is online now

UK ILR questions

Resolved Question:

Tom,


 


My wife will qualify for ILR in August 2014 and we have a few questions on the application.


 


A bit of background:



  • My wife is Chinese national. In 2012 my wife lived and worked in Belgium.

  • I am British citizen (naturalized in 2011 via settlement based on 5 year working in the UK). I have lived and worked in the UK for more than 10 years.

  • We were married in Belgium on 30th June 2012.

  • She submitted her application for UK spouse visa on 5th July 2012 in Visa Center in Paris, France.

  • Spouse visa was granted with validity of 6th August 2012 to 6th August 2014 (24 months)

  • After the visa was granted, her first arrival in the UK was on 23rd August 2014.

  • She started living with me in July 2012 in the UK, while continuing to work in Belgium until December 2012 during which time she travelled between UK and Belgium.



  • In December 2012 she started her maternity leave and stopped living in Belgium and has been living the UK since then.



  • From 6th August 2012 until today she has been away from UK for less than 180 days.



  • She took a Pearson's English test and obtained a B1 level qualification in March 2012.



  • She took a Life in the UK test in 2012 and passed.


 


 


Our questions are:



  • When does she qualify for ILR? Is it 6th August 2014 or 23rd August 2014? Based on which when can she submit the application 28 days before qualification?



  • When she applies for ILR in August 2014, will her Pearson's English test still be valid or does she have to retake it within 2 years of her application date?

  • For the period of August 2012 to December 2012 while she continued to work in Belgium, will this cause an issue of her 2-year residence?

  • Should she use the application form SET (O) or SET (M)?

  • When will she qualify for citizenship? Will it be 6th August 2015?


 


 


Best regards,


 


Jake

Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

I apologies for the delay in reverting back to you. It is strange that the visa was issued for exactly two years, usually the home office issue visas for 27 months to allow 3 months to the applicant to sort out their affairs in their home country and then arrive to the UK.

Regarding your questions:

1. She would need to apply for an extension to ensure that she has been residing in the UK for the complete two years before applying for indefinite leave to remain. You may try and apply for indefinite leave to remain on 6th August asking the home office to exercise discretion in respect of the fact that she is 2 weeks short, but the risk with this is that the home office may refuse the application and your wife would become an overstayer. In your case I would suggest that she applies for further leave to remain in the UK using for FLR (M) please see the following link:

https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm

Once she has completed full 2 years in the UK she can then apply for indefinite leave to remain. It may be the case that she can apply as soon as she receives the extension of her visa because it can take approximately two months to process.

2. If there is a date of expiry stated on the test then I would suggest that she retakes its, if no date of expiry is on the test then she would not need to retake the test. Please ensure that the test undertaken is at an English B1 level.

3. Provided she can show that she was resident in the UK then it should not be a problem, it can be a problem if she was spending more time outside of the Uk than inside of the UK during that period, if this is the case then I would suggest that she applies for an extension of her visa and then waits until December 2014 to apply for indefinite leave to remain ( the period she was outside of the UK would by then have been covered)

4. She would need to apply using for SET (M)

Kindly note she would need to undertake the life in the UK test before applying for indefinite leave to remain.

I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

I do apologise for the delay in my reply.

Kind regards
Customer: replied 2 years ago.

Hello,


 


Can you please elaborate on your answer #1 regarding her having to apply for an extension. As far as I understand it, there is a requirement of 2-year UK residence provided that she has not been absent from UK for 180 days over the 2-year period. Between 6th August 2012 and 6th August 2014, she has only been away from UK for around 100 days (including the 2 weeks between 6th Aug 2012 to 23rd Aug 2012, and the subsequent time she spent in Belgium) This is much less than the 180-day threlshold hence meeting the requirement. What is the rationale behind your statement that she has not stayed for the full 2-year period and has to apply for an extension?


 


 


Jake


 


 


 

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

In respect of point one, you are correct in what you have stated, however, in your original questions you have stated that:

'After the visa was granted, her first arrival in the UK was on 23rd August 2014.'

On this basis she would not have resided in the UK for a full two years ie from 6th August 2012 - 6th August 2014.

If you can confirm that she arrived to the UK on 6th August 2012 and there is a stamp on a passport confirming her arrival then what you have stated in your reply is fine. However, if her first arrival to the UK after being issued with a spouse visa was on 23rd August then the time of her residence in the UK would commence from that date not 6th August 2012 as she did not enter the UK on that date.

I hope this clarifies the matter.

Kind regards
Customer: replied 2 years ago.

Thank you for your reply.


 


If the 2-year residence should end on 23rd August 2014, and one can apply 28 days before end of the 2-year residence, does that mean she can apply for ILR on 26th of July 2014? This will be about 2 weeks before her visa expires on 6th August 2014.


 


Does this hold true?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

Regarding the 28 days application, this is usually when you have a valid visa going beyond the required period and if you had applied after 28 days you would still have a valid visa which would ensure that you completed the full 2 years of residency.

I agree with what you have stated and yes ideally she would be able to apply on 26th July 2014, but there is an element of risk involved because her visa would essentially expire on 6th August and therefore her visa would not cover the 28 days required to completed the 2 years.

The home office can refuse the application on the basis that , I would recommend that you apply for an extension, but if you wish to take a risk and apply , then this is your prerogative.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 3 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice