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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My Wife is currently on a Leave to remain visa which was granted

Resolved Question:

My Wife is currently on a Leave to remain visa which was granted on the 19th July 2012. Now the entry clearance visa was granted in March 2012 and we married in May 2012. Her visa expires in January 2015. What I would like to know is are we subject to the old or new legislation regarding spouse visas. I know the old law requires a probationary period of two years where under the new law it is five years. However there were transitional arrangements made at the time the law changed. I wish to know that since the entry clearance was granted in March 2012 and my Finace at the time entered the UK to marry and married me in May 2012, which legislation are we subject to?
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question, I will be happy to help you today.

Could you confirm when the application was submitted?
Could you please confirm what what nationality you are?
Could you please confirm that your wife submitted an application for a fiancee visa in March 2012 to marry you in the UK AND then switched to a spouse visa?

Kind regards
Customer: replied 3 years ago.

Thank you for your resonse. Yes the appointment was made on the 10th July 2012 but the application was submitted on the same day (19th July 2012) asthe visa was processed.

My nationality is British. We submitted an application for a fiancee visa in February 2012 and it was granted in March 2012. Then when we married in May 2012 we started getting our paperwork together to to get our Leave to remain visa. The Final application was submitted to the UKBA office in Croyden on 19th July 2012 and granted the same day.


Thank you

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

In your case your wife will be subject to the old rules and not the new rules which have come into force. The guidance states the following:

Transitional provisions under Part 8 will apply through to indefinite leave to remain to those persons who were granted in one of the following categories (on the basis of an application submitted before 9 July 2012):

• fiancé(e);
• proposed civil partner;
• spouse;
• civil partner;
• same sex partner;

In your wife's case she would therefore be subject to the old legislation.

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.

Kind regards
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for the advice. I just wish to clarify though as their are so many terms are Fiancee visa and entry clearance the same thing on our case. Her visa in the passport is titled 'entry clearance'. Also when we applied on the day, the UKBA said the law was now five years. Does this mean we need to appeal or can we just apply for indefinite leave to remain?