2-year period for SET(M) ILR - visa expires too early?

Hi all,

I'm currently preparing to put in my application for SET(M) ILR, and I've come up with something that makes me a bit nervous.

I applied for a civil partners visa back in March 2012, after getting a civil partnership in February. I was in the UK on a post-study visa prior to that. Due to the flood of applications I did not receive my civil partner visa until November 2012 - the start date given was November 7, 2012, and the expiration is November 1, 2014.

I know I can apply 28 days prior to my expiration, which is what I'm planning to do, but a lot of the guidance material states that in order to apply for settlement you have to have been on the CP visa for two years. Since my visa expires a week before the 2-year period will they count this as invalid?

I've been living with my partner for 6 continuous years all on valid visas (first student visa, then post-study, then civil partner).

I'm not going to have to apply for an extension because of that one week difference, am I? I'd rather do that than be denied, of course, but it would be cruel, given it is their expiration deadline...

Thanks for any advice,

Erin

Due to the flood of applications I did not receive my civil partner visa until November 2012 - the start date given was November 7, 2012, and the expiration is November 1, 2014.

Did you not question this when you got your visa? It looks like it has been issued for the wrong date - the validity should be exactly 24 months (expiring 7th November 2014), so that you meet the 2 years exactly (because the visa is designed to be valid for the exact length of time to qualify for ILR).

If the visa expires before you reach 2 years and you were in the UK when it was issued, they have made a mistake on the visa and it's their fault, so you shouldn't have to apply for an extension.

The only reason you should have to extend is if it is your fault you don't meet the requirements for ILR (i.e. you haven't passed the Life in the UK test in time or have been out of the UK for the majority of the visa), not because the visa isn't valid for long enough!

I would contact UKVI, question the validity date on your visa and ask them what you should do.

Hi -

No, I did not question it when I got my visa as I wasn't familiar with the wording of the guidance for ILR and didn't realise it might contradict the dates on my permit.

I've spoken to UKVI and they say that the date was mis-issued, and that I should just include a covering letter explaining the circumstances with my application.

Hopefully that will be enough, though I'm still nervous!

-Erin