VENT regarding ILR

I just spoke with the immigration enquiries helpline. Maybe this has all been discussed on the forum before, but I just want to have a vent about it!

I know these policies are in place to protect us etc., but do they have to make it SO DIFFICULT??

I told her that I was wondering when I could apply for ILR. First she said that I needed to know the exact date that I entered the country on my spousal visa and since I didn't know it that I should call back later. I explained that my passport was in the US embassy because I needed to apply for my name change and could I just have some information please??  I know the dates roughly so she gave me some estimates.

Well, then she tells me that I am only eligible to apply for ILR 28 days before I have been here 2 full years.  (ex: if I entered August 10, I could only apply on July 13).  Meaning I can't even SEND it out before July 13 because the date of my application is the date I put it in the post.  I explained that my visa will expire on July 24 so I have to apply before then.

Then I say, well if I have to travel at the end of august will that be a problem? She says I definately have to apply in person for that because they may take between 4 and 14 weeks to process my application and if I don't have it back by then I can't get a refund on the original application and I'd then have to pay £500 to apply in person anyway.   

She then tells me that if I do apply in person, I'm not eligible to make an appointment until July 13. So basically, I have to be available when THEY are sometime between July 13 and July 24 to apply IN PERSON at the REASONABLE COST of £500 (not to mention travel costs to get there).

Sorry to be so angry about this (I'm stressed about other things right now too so maybe I'm just being sensitive), I know she didn't make up the rules and that the rules are there for a reason but seriously, why do they make it so expensive and difficult for people? She took such pride in telling me that basically there is nothing I can do about it.   

Hi, Maybe i'm missing something but I don't get the bit about having to have it done before July 24th.  If your application is in with the Home Office, you are still here legally no matter what date is on the current visa in your passport.   If you want to make absolutely sure of getting your passport back in time to travel at the end of August you may still want to do it in person though. 

Sorry to be so angry about this (I'm stressed about other things right now too so maybe I'm just being sensitive), I know she didn't make up the rules and that the rules are there for a reason but seriously, why do they make it so expensive and difficult for people? She took such pride in telling me that basically there is nothing I can do about it.   

I'm sorry, but I'm afraid I don't see what is so difficult about it.  If you want to travel at the end of August, then you have to make an appointment and go in person.  Plenty of folks have done this, it's not hard, and you'll have your visa that day.  I don't see what's so tough about being available for 11 days for a visa that will last a lifetime.  They'll give you an appointment in advance, so then you'll have a date set and you can then make plans for the other 10 days.

Having dealt w/people trying to obtain permanent residency in the US, I can tell you the UK makes it simple by comparison. 

The rules are the rules.  If they compromise your travel schedule well then unfortunately it's you who must deal w/the consequences of that.

I think she's just letting off steam  But like I said I think she's got longer than 11 days anyway.

Definately just letting off some steam.  We don't exactly have a lot of extra cash at the minute (got hit with a £700 tax bill from inland revenue and we're trying to plan wedding #2).  All very stressful. 

I guess I was just hoping that I'd be able to save some ££ and apply by post.  Its my brother's wedding in August and I wouldn't miss it for the world. Its just really inconvenient timing, especially given the price of tickets in August.  Could have done without the mandatory-applying-in-person-for-an-extra-£165 thing.

Britwife, thanks for the info. I guess I am still a bit confused, am I allowed to apply after the 24th (even though my spousal visa will have expired?) Not that it matters since I'll probably make an appointment as soon as I can anyway. I just wanted to know what the rules are!

Now hang on a minute, the expiry date on your visa is 24 July right?  That isn't the date that counts, it's the date you entered the UK, that is your anniversary date.  You apply for ILR 23 months after that date.  You just need to make sure you get it before you leave the country.

OK, so if I entered on August 1, then I would have from  (August 1 minus 28 days= July 4)  until August 1 (anniversary date) to apply?

Thanks!

Now hang on a minute, the expiry date on your visa is 24 July right?  That isn't the date that counts, it's the date you entered the UK, that is your anniversary date.  You apply for ILR 23 months after that date.  You just need to make sure you get it before you leave the country.

Oh, wow. I actually didn't know that. So now I'm sort of confused about mine though. I entered on a student visa on xx September (can't recall exactly and my passport's at home) and got my FLR(M) on XX October of the following year.... So is my entry date the first one or the second one in terms of when I'm deciding when to apply for ILR? 

Ok I hope I am not getting this wrong! Do you still have the letter that you got with your FLR,  that should tell you when to apply for your ILR.

Britwife, I'm not sure if your question was for me or AnneR, but I'll answer anyway!

I applied in person in NYC for my spousal visa, and I don't think I was given a letter at the time (although I will check my files when I get home). 

I distinctly remember the girl telling us that we should start the application process in April (because DH and I decided that we would do it on his birthday).  I'm not sure why she would have said that- or maybe the rules have just changed since then? 

I really wish we could get started in April! Oh well.

Ok I hope I am not getting this wrong! Do you still have the letter that you got with your FLR,  that should tell you when to apply for your ILR.

Oh lord. Well, I never throw anything out, so I know I still have it. I just have to remember where the ingenious place that I filed it is!!! 

kowalsks, I'll vent with you!  I am just looking into the ILR stuff myself, it I find it very frustrating and ridiculously expensive.  How is it that the spouse of an EEA resident is charged no fee, but the spouse of a British resident (who you would think is in a better position than the EEA spouse) has to pay £335-£500?! 

It's especially annoying to me because I don't even want to live here permanently-- hopefully I will be going back home in a year and a half-- but there is no (cheaper) way to just renew my visa for another 2 years instead of applying for the ILR.

And I sure wish that when I got the visa in the first place, they told me then and there to start saving all correspondence addressed to me to prove I have been living here.

Sigh...  Just makes me want to go home even more.

To summarise...


If you entered the UK on January 1st, you can make your application from December 1st, providing that your visa is still valid.

If your visa expires on December 15th, then you can ask for them to exceptionally allow the early application.  They are usually willing to grant a few weeks leeway on this.

The spouse of an EEA resident is not charged because EU law prohibits it.

Victoria

Thanks, Christine! It really sucks to shell out the money but like everyone is saying its a one shot deal and then after we get it we don't have to worry for a while (that is, until I apply for a visa for DH in the US!)

Just thought of something- I moved here in February of 2004 (but I was just a visitor from Feb- July, went to the US, got married, returned on August 1 with my spousal visa).  Would documents from the Feb-July period count toward my ILR paperwork? I think they put me on the council tax bill as soon as I got here. If it did count, could I apply early (since I have technically been here for two years now?)

Probably not, but I figured it can't hurt to ask! 

 

I am afraid that the time spent as a visitor would not count.

Victoria