ILR Question

Please help. I arrived in the UK on a Spouse Visa on Nov 23, 2005. My Spouse Visa has a expiry date of August 4, 2007. I have taken the Life in the UK test. Got married in the States on May 2, 2003. I have filled out all the paperwork for the ILR and came here to check a few things because I was going to post everything off tomorrow.

Am I reading this right that I CANNOT apply for ILR yet? My 2 year anniversary in the UK is not until Nov 23, 2007. But I have been married since 2003 and my Spouse Visa expires in just over 3 weeks.

HELP! Any advice and or links to having to be here for 2 years? Why the heck to they give you a 4 month window on the Visa and not account for it with the 2 year requirment? I am soooooo confused.

definitely don't send in an application for ILR, because you don't meet the requirements- you have to been resident in the UK for 2 years minus 28 days before you can apply.

To make up the time, you'll have to apply for a FLR extension.  You'll be eligible for ILR on October 26, 2007- no earlier, which means you have to get FLR to fill in the gap between your visa expiry date and the day you qualify for ILR (although you can get a FLR extension for another 2 years- you don't have to apply for ILR as soon as you qualify.)

I agree that the fact that you really need to enter the UK within 28 days of the start date on your visa should be made clear to spousal visa applicants- most people do enter right after getting the visa or ask for it to be postdated so it's not a problem, but there have been a large amount of people in your situation cropping up on this board lately, unfortunately

Well this just sucks. ......and hubby just turned to me and told me 'well I told you not to apply so early for the Spouse Visa' .........I guess our vacation to Spain in 2009 is now out.

Now I have another question.

If I apply for the FLR now. And it's good for 2 years......can I skip the ILR and apply for Citizenship once I have been in the UK for 3 years?

Now I have another question.

If I apply for the FLR now. And it's good for 2 years......can I skip the ILR and apply for Citizenship once I have been in the UK for 3 years?

Sorry, but no - you have to have ILR before you can apply for citizenship.  It's a bit of a raw deal for those of us who are planning to apply right at three years - I'll be paying for both ILR and naturalisation in the same six-month period - but it's the rules.

Thanks.......I just found that out on a google search.  .....normally it wouldn't bug me.......but there's a chance we may move on to Spain or Europe in a couple of years and I want to apply for British Citizenship as soon as I can.

The only good thing about all this is I have already taken the Life in the UK test and won't have to take it again.....that is unless someone tells me it expires and if that's the case.........I give up.

Not to hijack this, but how soon after getting your FLR can you get an ILR?  Do you HAVE to wait 2 years in all circumstances?  Or can you get an FLR , take your test and then get your ILR as soon as you can??

Not to hijack this, but how soon after getting your FLR can you get an ILR?  Do you HAVE to wait 2 years in all circumstances?  Or can you get an FLR , take your test and then get your ILR as soon as you can??

If you have a spousal visa, you have to have at least 2 years minus 28 days of residence in the UK as a spouse in order to apply for ILR.  As soon as you reach that mark and pass the Life in the UK test, you qualify for ILR (well, as long as you can prove you've been living with your UK spouse for the duration!)

Thanks.......I just found that out on a google search.  .....normally it wouldn't bug me.......but there's a chance we may move on to Spain or Europe in a couple of years and I want to apply for British Citizenship as soon as I can.

The only good thing about all this is I have already taken the Life in the UK test and won't have to take it again.....that is unless someone tells me it expires and if that's the case.........I give up.

The LifUK test doesn't expire, so you're all set there.  And you don't have to spend the next two years on FLR - you can still apply for ILR after October 26, 2007, as Andrea noted.  It'll mean the extra expense of two visa fees in a short period of time (the FLR now and the ILR just a few months later) but it won't delay your being able to apply for citizenship by too much - you'll still be eligible to apply next November, provided you apply for and receive your ILR during the year in between.   You just won't be eligible next August.

Well I won't be able to afford the ILR in November now...........so can I apply for it anytime after October 26th and before say November of 2008 when I have 3 years in the UK..........say maybe next spring apply for ILR........then in November 2008 apply for Citizenship?

Well I won't be able to afford the ILR in November now...........so can I apply for it anytime after October 26th and before say November of 2008 when I have 3 years in the UK..........say maybe next spring apply for ILR........then in November 2008 apply for Citizenship?

yep, you can do that, no problems.  But a tip: when you apply for FLR, make sure that you specify on your application (preferably in big bold letters) that you want a 2-year extension of your FLR.  There's been more than one case here where people in your situation were getting FLR that was valid only up until the time that they could apply for ILR, which is something you don't want.  So make sure they know you want the full 2 years.

Thanks for that tip Andrea.........any suggestions for where I should put that on the form???

One more off the wall question, and it isn't really related, but it kind of is..  RIght now supposedly I should be eligible for the ILR since we have lived outside the UK for 6 years and have been married for over 4 years, but we have't figured out how to file for the ILR right away since you can't take the Life in UK test until you are there.  So then I was wondering if you can actually just speed through the FLR and not have to do the 2 year waiting period and as soon as I get the test done file for an ILR.  Money shouldn't be a problem, we just want to get the visa right. 

So then I was wondering if you can actually just speed through the FLR and not have to do the 2 year waiting period and as soon as I get the test done file for an ILR.  Money shouldn't be a problem, we just want to get the visa right. 

I don't think that would work.  Somehow I just don't see the consulate giving ILE to someone who already has a spousal visa...

eta: and you wouldn't be able to apply for ILR from within the UK because the immigration rules state you have to have held a spousal visa for 2 years before you are eligible for ILR.

One more off the wall question, and it isn't really related, but it kind of is..  RIght now supposedly I should be eligible for the ILR since we have lived outside the UK for 6 years and have been married for over 4 years, but we have't figured out how to file for the ILR right away since you can't take the Life in UK test until you are there.  So then I was wondering if you can actually just speed through the FLR and not have to do the 2 year waiting period and as soon as I get the test done file for an ILR.  Money shouldn't be a problem, we just want to get the visa right. 

You used to be able to do this, however as of 1 April of this year I believe they stopped that when the changed the fees.  That's where a lot of couples were rushing in to get the ILR visa even if they weren't moving to the UK straight away...  Now you have to go through FLR then ILR.  Sorry.