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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 899
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am applying for indefinite leave to remain on the 5 year

Customer Question

Hi I am applying for indefinite leave to remain on the 5 year spousal route (SET(M)) and am worried I got my dates wrong (when I got my residence card I read the date in the American format not the UK format, and thought I had six months longer than I had. My residence card is still valid however for the next few weeks). I will have completed 60 months in the UK as of next week, and the application says that you cannot apply more than 28 days before the end of the qualifying period (which I assume is 60 months, but I am not sure). So I think I am okay, but I am not sure (it's also worrying that they warn you the application can take up to 6 months to process, which would take me past the expiration of my residency card, but my previous application for leave to remain was processed in a couple of weeks so I don't think there will be a problem).I have a second question about the what category of employment I am in. I work as a contractor (software development) so I assumed I was self-employed, but my husband thinks I am actually salaried as I am paid through my own company (an LTD) as an employee (and my company invoices my client, even though it's just me working at my own company). Is this salary or is this self-employment?Thank you for your time.
Submitted: 5 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 5 months ago.


If you apply before your visa expires it does not matter that the Home Office can take up to 6 months to decide. It wouldn't affect your visa or status. You misunderstand the 28-day rule. What it means is that you can apply any time within 28 days of expiry but you must apply before your visa expires.

You are employed by your company. You are not self-employed. A company is a legal person,

Expert:  frantzgregory replied 4 months ago.

I would be grateful if you can rate, please. You paid to receive support but I would not get paid if you do not rate.

Expert:  frantzgregory replied 4 months ago.

Please, I am still waiting to be rated. Thank you.