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

If she gets a new spousal visa from the US, would she be able to apply for ILR right away once she returns to the UK, based on her previous 2 years living here, or would she have to wait until the 2nd spousal expires?  Because if she has to start all over from scratch, she's going to be subject to the new immigration rules. 

She'd have to start from scrath.

We don't know what rules she would be subject to later down the line.


Vicky

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?

Agreeing with Vicky, playing dumb will get you in as a visitor.  They won't suspect a thing, cuz as we all know, IO's are stupid and believe everything they hear     It will get logged as a switch into temporary status.

If the IO doesn't notice and waves you through, that's the *WORST* outcome.  Avoid it.  A bounce is preferable.

Of more worrying concern is at ILR time, or Nationality time, the caseworker determines that the switch to temporary status disrupted your qualifying residency.

As for accompanied by your daughter, husband, etc, pulling the human rights card at a border point can backfire.  Try to avoid it.

I also agree with Vicky's reading on attempting an in-country switch from temporary status.  If it works at all, it can take up to 2 years during which you're in limbo.

Springhaze identified the other viable strategies.

She'd have to start from scratch.

Wow...I wonder which would be more expensive...putting off the ILR & going for another out of country spousal, having to spend another 2 years being subject to the future changes and whatever insane costs they're going to implement with it  or postponing a trip...

To the OP have you tried calling your airline and rescheduling your flight for a couple months in the future, that way you could send your ILR application off on the 28th of April and there have been those here who have gotten them back in 5 weeks & less...

Thank goodness I already have mine planned out and it's 10 months away.

Either way, best of luck to you!

We don't know what rules she would be subject to later down the line.

But if the proposed bill passes without transitional arrangements for people on FLR, she would be affected. 

Burn66, if I were you, I would seriously consider postponing the trip and getting your ILR.  If you miss your chance at it now, you might not get another one.  You can either solidify your status in the UK now, or face another 3-5 years of uncertainty. 

I am on hold right now to see about cancellations at the Croydon office. This seems highly unlikely to happen, especially for the 2 dates I would need.

In order to reapply for my spousal visa while I'm in the USA, I would need to be there for longer than 2 weeks (only 3 days of which will be spent in a city with a British embassy by the way)... I'm guessing I won't be able to make an appointment to do this in the available time, unless anyone knows something I don't know...
x

In order to reapply for my spousal visa while I'm in the USA, I would need to be there for longer than 2 weeks (only 3 days of which will be spent in a city with a British embassy by the way)... I'm guessing I won't be able to make an appointment to do this in the available time, unless anyone knows something I don't know...
x

Well, you won't need an appointment at an embassy, for one.  You could get it done in less than 2 weeks if you were well organized. 

If she's allowed to make an appointment at any PEO not just Croyden, might be worthwhile to find out if any others have appointments available. It's probably worth an overnight trip somewhere to get this sorted.

I am on hold right now to see about cancellations at the Croydon office. This seems highly unlikely to happen, especially for the 2 dates I would need.

In order to reapply for my spousal visa while I'm in the USA, I would need to be there for longer than 2 weeks (only 3 days of which will be spent in a city with a British embassy by the way)... I'm guessing I won't be able to make an appointment to do this in the available time, unless anyone knows something I don't know...
x

To do your application from the US it must be completed Online, you must do a biometrics appointment which you schedule when you complete & pay for your application online and it is hit and miss if you can find an appointment at a center where you will be. Then your documents are sent either by FedEx, UPS or by an approved courier to the Consulate designated for the region of the US that you will be in.

You can complete the application online now and pay for it & schedule your bios for the day after you arrive in the US, ship your paperwork of to the courier and you could have your passport back in a couple of days. If you send it by FedEx etc there is no reliable estimate of how long it will take.

You cannot apply in person.

If she's allowed to make an appointment at any PEO not just Croyden, might be worthwhile to find out if any others have appointments available. It's probably worth an overnight trip somewhere to get this sorted.

agreed. You are allowed to apply at any PEO (Croydon, Sheffield, Solihull, Liverpool or Glasgow.)  The only question is if any of them have an appointment available during those two days next week.

If she's allowed to make an appointment at any PEO not just Croyden, might be worthwhile to find out if any others have appointments available. It's probably worth an overnight trip somewhere to get this sorted.

Good point, make sure you check the rest of them:

Public Enquiry Office - Birmingham
0870 606 7766
Dominion Court, 41 Station Road, Solihull, Birmingham, B91 3RT

Public Enquiry Office - Croydon
0870 606 7766
Lunar House, 40 Wellesley Road, Croydon, CR9 2BY

Public Enquiry Office - Glasgow
0870 606 7766
Festival Court, 200 Brand Street, Govan, Glasgow, G51 1DH

Public Enquiry Office - Liverpool
0870 606 7766
Reliance House, 20 Water Street, Liverpool, L2 8XU

Public Enquiry Office - Sheffield
0870 606 7766
Vulcan House, Orchard entrance, 6 Millsands, Sheffield S3 8NU

Also -- what would happen if I just showed up back in the UK?

Sounds like you won't be trying this route, but FYI, if you turn up at a US airport with a ticket back to the UK and an expired visa, you might not even get on the plane.  Last time I flew to the states, on the return leg (US-->UK), the airline had to scan my UK visa as well as my passport's info page, because the computer said 'US citizen with no return flight from the UK and no onward ticket out of the UK?  Nope.'

Seconding the suggestion to use another PEO if possible.  I've used Glasgow twice and they've been pretty quick (and, as bookgrl mentioned, not very crowded).

Edited to clarify my travel stuff.

Best of luck with this.  Hopefully you'll be able get to one of the other PEOs instead of Croydon.  I don't really recommend going to Croydon ever, unless you need to go to Wing Yip or Costco.

If it makes you feel any better, I was getting ready to do my ILR form after being here two years on my spousal, but I let it go too long.  I knew that I needed to wait until 28 days before it expired, but I literally waited to do any research until then too.  I ended up having to get FLR(M) in order to take the Life In The UK test.

Not only that, but my inlaws had planned a pricey family trip to Egypt, and it got down to the last week before we were leaving and I still hadn't gotten our passports back.  We ended up getting them Thursday to fly out Sunday..

Good luck!

I have called the Home Office and there are no appointments available in April anywhere in the UK. However, I'm going to keep calling back every day or two on the off chance that there will be a cancellation. If there isn't, I'll cancel our trip to the US at the last minute.

Thanks to everyone for your advice. You have saved me from a potential nightmarish scenario both at Heathrow on May 15th and in the ensuing Visa purgatory that would have accompanied my 'playing dumb'. I can't imagine what I would have had to deal with in addition to a) losing my job, and b) traumatising my family both here and in the USA.
xLisa

Sounds like you've got it sorted...just make sure that if you cannot get an appoinment by the 1st of May your postal application MUST be postmarked no later than 1 May! If your application will be made AFTER your visa has expired and you'll be in the same situation only worse because you'll be an overstayer.