FLR - ILR: from which date do they calculate your 2 years?

I am the spouse of a UK citizen. I entered the UK with my spousal/FLR Visa on 26th May 2007 and have for the past (almost) 2 years been assuming that this means that I have to apply for my ILR beginning 28 days before 26th May 2009. However, I just noticed yesterday that under 'Entry Clearance' on my Visa it says 1 May 2007 to 1 May 2009. I am going to the USA on 30th April and will not return until 15th May. Does anyone know whether I am setting myself up for trouble when I return from the USA? Was I actually supposed to apply for my ILR before 1st May 2009; or do they calculate your 2-year period from the date you actually entered the UK (which is what I have been assuming)? I pray it is the latter as it will be a disaster to have to cancel the trip to the USA, not to mention expensive -- and also my husband will kill me.

you are right in that you cannot apply for ILR until 28 days before 26 May 2009, your 2 years started on the day you entered the country.  However, you have to apply before the expiry date on your visa, which is 1 May 2009. If you're out of the country when your visa expires you'd have to get a new 2-year visa and start over again. 

If you want ILR now, you're going to have to postpone your trip, unless you can snag an in-person appointment for the two days in between when you qualify for ILR and when your visa expires (unlikely at this late date as they're usually booked several weeks out, but worth a shot!)

If you want ILR now, you're going to have to postpone your trip.

Or extend your FLR. Although when you consider the price, I'm not sure you'll come out ahead. I'm sorry. 


ETA: Woah, wait! Any reason she can't do an in person ILR application on the 29th?

You're going to have to cancel your trip.  If you try to reenter the country with an expired visa, you'll be refused.  You must get on this now, because even if you don't leave the country, once your visa expires you will be an overstayer.  I'm not sure if you can apply for ILR now, or if you will need an extension on your FLR (the experts will know this) but whatever you do, you must do it before the first of May.

I'm sick about this -- as well as confused. If they calculate the 2 years from the time I entered the country, why must I apply for ILR before May 1st?

Does anyone know the number to call and try to make an appt with the Croydon office? I have looked on the Home Office web site and I can't find it.

Also -- what would happen if I just showed up back in the UK? I will have my 3-year-old daughter with me, who is a UK citizen and UK passport holder. Will they send me back home? What if I 'play dumb' -- and have my ILR application and documentation on me at the time to show that it is completed and that I was going to mail it in the next day, 16th May (which I was)? Will I be deported?

Thanks everyone, I am grateful for your replies even though these are not the ones I had hoped for...
Lisa

I'm not sure if you can apply for ILR now, or if you will need an extension on your FLR (the experts will know this) but whatever you do, you must do it before the first of May.

I'm hardly an expert, but just from doing the math...she can't apply now because she doesn't qualify yet (ie, she's not within 28 days of the 2 year anniversary of entering the country.)  She will qualify on 28 April, a week from tomorrow, which then gives her just a couple of days to sort out her visa.

Option 1- send in ILR by post and postpone/cancel the trip.
Option 2- try to get an in person appointment between 28 April-29 April. If successful in getting an appointment and a visa approval, travel on the trip as planned.  As I said, this is probably going to be impossible (the PEO's are almost always booked a few weeks out) unless they have a late cancellation, but absolutely worth a call just to make sure.
Option 3- go on the trip and apply for another spouse visa in the US before returning to the UK.  It is an option, but in my opinion doesn't make much sense when ILR is an option now, especially considering the rule changes that lie ahead.

You have to apply before May 1 because you have to apply BEFORE your current visa expires, if not you'll be an overstayer and not present in the country legally.
http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(m)/

You must not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

PEO offices:
http://www.ukba.homeoffice.gov.uk/contact/applyinginperson/

I'm sick about this -- as well as confused. If they calculate the 2 years from the time I entered the country, why must I apply for ILR before May 1st?

Because you only have permission to live in the UK until May 1st. If you leave it longer than that, that permission lapses and you end up being in the country illegally.

xposted with WebyJ- yep, what she said!

UKBA have recently recognised that spouses entering a few weeks to a few months after the start date on the visa can cause problems and have since lengthened the spouse visa period to 27 months instead of 24, exactly to avoid this type of issue.  But that doesn't help you, I'm afraid

I'm sick about this -- as well as confused. If they calculate the 2 years from the time I entered the country, why must I apply for ILR before May 1st?

Does anyone know the number to call and try to make an appt with the Croydon office? I have looked on the Home Office web site and I can't find it.

Also -- what would happen if I just showed up back in the UK? I will have my 3-year-old daughter with me, who is a UK citizen and UK passport holder. Will they send me back home? What if I 'play dumb' -- and have my ILR application and documentation on me at the time to show that it is completed and that I was going to mail it in the next day, 16th May (which I was)?

Don't do this. Even by some grace you'll get past immigration back into the country, what do you propose to do once you get back? Your visa would have expired which means you'll have been out of status for over two weeks which means AT BEST your ILR application now becomes very complicated, but more likely you lose eligibility for it entirely.

If you're let in at all, you'll be let in as a visitor which means no in-country switch even to the FLR! Please listen to springhaze, historyenne and WebyJ: if you leave the country without either extending your FLR or getting the ILR, you need to apply for spousal visa while you're in the US and start this whole two-year waiting period over again.

You have to apply before your visa expires which is the 1st of May, but you can only apply 28 BEFORE you entered the country.   So you have a very narrow gap between the two.

For instance, my visa expired on the 20th of April, but I entered on the 3rd of may making the dates I could apply (because of the weekend) the 6th of April through the 20th of April.  

If you live in a place that is less popular, like Glasgow, you might be able to get a booking for those days.  I had mine done there on Wednesday and there were only a few people.

I'm sick about this -- as well as confused. If they calculate the 2 years from the time I entered the country, why must I apply for ILR before May 1st?

Because that is the expiry date printed on your visa.  The 'valid to' date.

Does anyone know the number to call and try to make an appt with the Croydon office? I have looked on the Home Office web site and I can't find it.

Look in the 'contacts' section.  It's an 0845 number.  The only number there.

Also -- what would happen if I just showed up back in the UK? I will have my 3-year-old daughter with me, who is a UK citizen and UK passport holder. Will they send me back home? What if I 'play dumb' -- and have my ILR application and documentation on me at the time to show that it is completed and that I was going to mail it in the next day, 16th May (which I was)? Will I be deported?

You would either be allowed in as a visitor, given temporary admission (which is a technical refusal of entry) or just bounced, daughter or no daughter.  And then if you try to apply for ILR from the UK it will be refused, as you will either be trying to switch from a visitor or trying to switch from TA, neither of which can be done.  Don't even try this.

You could always apply for another two year spousal visa from the US if you don't want to delay the trip and can't get an appointment.  

Vicky (x-with everyone!)

OK -- I've stopped hyperventilating.

Vicky -- per your last suggestion... how would I do this? Extend my visa? I am leaving on 30 April -- do you think there is time?

Thank you for all the advice everyone.
xxoo

You could always apply for another two year spousal visa from the UK if you don't want to delay the trip and can't get an appointment.  

From the UK or from outside the UK?

I believe Vicky meant that you could apply for a new spousal visa from the US if you couldn't get an in person appointment before you leave.

I believe Vicky meant that you could apply for a new spousal visa from the US if you couldn't get an in person appointment before you leave.

Indeed I did. have amended my post.

Vicky