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 Post subject: ILR Visa Application - 28 Day Problem
Post Number:#1  PostPosted: 21 Feb 2010 12:59 
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Hi All,

Some basic facts:-
Married 28th March 2008 - Settlement Visa Issued and dated 16th May 2008 expires 16th May 2010 - My wife (Ukrainian) first entered the UK on 18th June 2008

I know new Settlement Visas are issued for 27 months to give you 3 months to get things sorted and for the spouse to enter the UK, but back in 2008 when we applied they were for 24 months.


My wife's visa was issued for 2 years exactly, 16/05/2008 to 16/05/2010 therefore 2 years, she didn't enter the UK until 18/06/2008 which is 32 days after the visa started, this now means that to apply for the ILR she is 5 days outside the time limits (28 days), which possibly means we have to pay for an extension of her Visa (£515) then pay again for her ILR or, we do a postal application and send it in early (around the 32 day mark so making her visa still valid) hoping that they hold it until she has served her 2 years here and then process it. That does work, however, the big problem with that action is that some who have done the same seem to loose their passports for up to 8 months or more, and that would cause us problems as we plan on going back to Ukraine this summer and again taking my step daughter back there in July for the summer holidays like last year, obviously to do that we need my wife's passport. This is already causing her stress in the fact that we would not have any idea how long they would take to come to a decision over the ILR visa, one month possibly OK, but up to 8 months its a no go! and the uncertainty and constant wondering if it will be issued or not is not something I want to put her through.

I spent a good few hours on this yesterday trying to sort out the ways and means, that is why I am calling the UKBA tomorrow to try and get some clarification, however, I am pretty sure I know what they will say, especially when they see extra fees they can possibly get from me.

If all that is not bad enough, we planned on doing a personal visit to apply for the ILR, which you can now book online BTW up to 6 weeks in advance, the reason for this is that we changed Nata's surname (stepdaughter) legally in Ukraine last year but her old surname is still on her mothers visa, so to try and get that sorted out with them and get her correct name on her new visa and all the explanations that would take, it would be easier to pay the extra couple of hundred quid and make a personal visit. Although all this could change now depending on what the UKBA tell me Monday.

Any advice please would be appreciated.

Thanks

Chris

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 Post subject: Re: ILR Visa Application - 28 Day Problem
Post Number:#2  PostPosted: 21 Feb 2010 17:54 
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Hello Chris

on the other site, where you posted the same question, and no reply from the "experts".....yet, I read this message: Hope it helps!

....Yep SUCCESS!!!

Went all the way to Solihull on Wednesday to submit the application in person, believe me paying the extra £200 for a speedy service was worth every penny.

7:45am this morning there was a knock at the door, the (good) wife kicked me lovingly (not) out of bed to run downstairs and stood there half naked (what a sight lol) I greeted the postman with a weak smile as he handed me the special delivery. Back upstairs to the half awake wife I threw the special delivery at her. On opening it an open passport dropped out with not 1 but 2 INDEFINATE LEAVE TO REMAINS in it!!!

Now for the fun bit. When you are booking your appointment online if your spouse has and children that are applying be sure to put EVERYONE forward as an applicant!!! The UKBA officer I spoke to on Wednesday said that on the site there should have been a "FAMILY" choice when adding the details of the applicant, but he did admit that there was no such choice and therefore it is a grey area. If you do not add you kids names they will tell you that they cannot accept your child(s) application at that time and send you away. SO BEWARE!!!

As others have said before ALWAYS take more evidence then they ask for on the form!!! I gave all and they still asked for an extra 5 pieces of evidence, I took a whole folder just incase. In the window next door I could hear that the person there was being asked for more but did not have it and without they were sending them away!!!


Never involved on the same procedure, I have no experience at all :oops: ......

I hope this answer may help you and wish good luck. [thumbs.gif]

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 Post subject: Re: ILR Visa Application - 28 Day Problem
Post Number:#3  PostPosted: 21 Feb 2010 19:07 
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wiz wrote:
Hello Chris

on the other site, where you posted the same question, and no reply from the "experts".....yet, I read this message: Hope it helps!

....Yep SUCCESS!!!

Went all the way to Solihull on Wednesday to submit the application in person, believe me paying the extra £200 for a speedy service was worth every penny.

7:45am this morning there was a knock at the door, the (good) wife kicked me lovingly (not) out of bed to run downstairs and stood there half naked (what a sight lol) I greeted the postman with a weak smile as he handed me the special delivery. Back upstairs to the half awake wife I threw the special delivery at her. On opening it an open passport dropped out with not 1 but 2 INDEFINATE LEAVE TO REMAINS in it!!!

Now for the fun bit. When you are booking your appointment online if your spouse has and children that are applying be sure to put EVERYONE forward as an applicant!!! The UKBA officer I spoke to on Wednesday said that on the site there should have been a "FAMILY" choice when adding the details of the applicant, but he did admit that there was no such choice and therefore it is a grey area. If you do not add you kids names they will tell you that they cannot accept your child(s) application at that time and send you away. SO BEWARE!!!

As others have said before ALWAYS take more evidence then they ask for on the form!!! I gave all and they still asked for an extra 5 pieces of evidence, I took a whole folder just incase. In the window next door I could hear that the person there was being asked for more but did not have it and without they were sending them away!!!


Never involved on the same procedure, I have no experience at all :oops: ......

I hope this answer may help you and wish good luck. [thumbs.gif]


Thanks Yannis,

It confirms what I thought about putting all family members on the application, but doesn't tell me anything about the problem I have.

But thanks anyway, all information is usefull one way or another.

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 Post subject: Re: ILR Visa Application - 28 Day Problem
Post Number:#4  PostPosted: 22 Feb 2010 04:26 
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Hi Chris,

The 24 month probationary period in MANDATORY, so really its a waste of time applying in person, they will just turn you away, sorry and all that......

If you apply by postal, they will count the date of postage as the application date, and,,,, If the 24 month period is not completed, they will hold your application until such period is completed, then, should all be ok, they will complete the application approval process......

Normally and from my own experience, the application took about 4 weeks from the 24 month date to be completed and returned....

Though you may have to delay your holiday plans if it be necessary, sorry....

There should be absolutely no problem with the name change, as long as you submit all appropriate doccuments.....

Good luck.. [thumbs.gif]


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 Post subject: Re: ILR Visa Application - 28 Day Problem
Post Number:#5  PostPosted: 22 Feb 2010 05:15 
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Further to the above sound advice that you have been given I will just add my tuppence worth.
Please make sure that all the documents that you provide that are not in English are translated into English. I am referring especially to your stepdaughters name change.

Yes I know that I am stating the obvious, but it is my experience that at times the obvious gets overlooked.

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 Post subject: Re: ILR Visa Application - 28 Day Problem
Post Number:#6  PostPosted: 22 Feb 2010 08:33 
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Thanks for your input 59dotru and Ras, very helpful, it is what we thought we may have to do, but it helps to confirm things.

Ras, when you have had to jump through so many hoops in the past we do it as a matter of course.

We get everything translated and notarised and in triplicate if needs be [wink.gif] we now have a nice thick file with all documents sub-divided in order so that when we have to do anything official it is all there with us. Nearly got caught out once at Lviv airport due to some bad advice by an Airport official so best to be sure.


Lviv Airport...........................

BTW, I read yesterday about a lady who booked a personal appointment 3 days prior to the 28 day period, they saw her and actually procesed her ILR application without problems, (at 31 days) so it also helps if you get a nice happy Officer on the day if thats the route you take. [happy.gif]

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 Post subject: Re: ILR Visa Application - 28 Day Problem
Post Number:#7  PostPosted: 22 Feb 2010 08:57 
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Chris,

The way I see your problem, is that at the end of the visa (24 months), your lovely wife will not have the 24 months residence in the UK, so if you over-run by 3 months in anticipation of getting a personal visit appointment, she will be illegally in the UK, which could create further problems for you both....

There is a way around this, and that is to apply by post, just before the original 24 month visa expiry date, (recorded delivery of course) because, no matter how long they need to process the application, even if they do hold it (which I am sure they will), until 24 months residency is assured, your wife will not be classed as in the UK illegally, as the visa is classed as valid whilst with the UK Immigration service...


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 Post subject: Re: ILR Visa Application - 28 Day Problem
Post Number:#8  PostPosted: 22 Feb 2010 09:21 
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Chris wrote:
Thanks for your input 59dotru and Ras, very helpful, it is what we thought we may have to do, but it helps to confirm things.

Ras, when you have had to jump through so many hoops in the past we do it as a matter of course.

We get everything translated and notarised and in triplicate if needs be [wink.gif] we now have a nice thick file with all documents sub-divided in order so that when we have to do anything official it is all there with us. Nearly got caught out once at Lviv airport due to some bad advice by an Airport official so best to be sure.


Lviv Airport...........................

BTW, I read yesterday about a lady who booked a personal appointment 3 days prior to the 28 day period, they saw her and actually procesed her ILR application without problems, (at 31 days) so it also helps if you get a nice happy Officer on the day if thats the route you take. [happy.gif]

We did too, before and after our marriage in UFA and it was very cheap and later come very handy to have the extra copies translated and notarised officially...... :D

The cowboys who run the VAC in Moscow, took the money from my wife but never posted back that nice huge file, where everything was in a nice order, with a Numbered guide at the front to help the CEO to check and finish quickly and grant her visa in 24 hours. Despite my calls... still have not posted the file! [angry.gif]

Luckily I had kept everything in my computer!

Obviously the happy officer had a good night before........and you today may be lucky to find a happy and well serviced officer at home and you'll get the right result! [wink.gif]

BTW I was very lucky when I phoned the Home Office before the wedding and was told that I can use my Greek Passport and bring Hanna here for Free :D ..... and I am sorry but I do not rub salt at your pain in your pocket! Just stating a fact! [embarrased.gif]

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 Post subject: Re: ILR Visa Application - 28 Day Problem
Post Number:#9  PostPosted: 22 Feb 2010 12:48 
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59dotru wrote:
Chris,

The way I see your problem, is that at the end of the visa (24 months), your lovely wife will not have the 24 months residence in the UK, so if you over-run by 3 months in anticipation of getting a personal visit appointment, she will be illegally in the UK, which could create further problems for you both....

There is a way around this, and that is to apply by post, just before the original 24 month visa expiry date, (recorded delivery of course) because, no matter how long they need to process the application, even if they do hold it (which I am sure they will), until 24 months residency is assured, your wife will not be classed as in the UK illegally, as the visa is classed as valid whilst with the UK Immigration service...



Thats exactly right and is what we now plan to do is apply by post about 3 days before her visa expires. In fact I have written to the UKBA this morning just to clarify the situation, but since writing I have had this information from another source, I will post it here to help others:-

Quote:
Remember that "the date on which an application... is made is the date of posting for postal applications"



Quote:
This is the current staff instruction for dealing with applications such as yours:

and this bit is taken from their own handbook.....

The applicant has submitted an application form SET(M) as the spouse/civil partner or unmarried/same-sex partner of a person present and settled in the UK and:

* was admitted to the United Kingdom with entry clearance in one of these categories; and

* the applicant meets all the requirements for settlement except for the requirement to have completed the probationary period of two years, before the expiry of their leave, caused by a delay in travelling to the UK for a period of up to three months.

Such applicants should be sent an ICD 3852 and the application should be held in a BF queue until the two year probationary period has been completed. Upon completion a decision on the application can be made.

However, where the application falls for refusal for reasons other than the failure to complete the two year probationary period, the refusal action should be completed as soon as possible; the application should not be held until the probationary period has been completed.


So it looks like a postal application is the only way to go.

Chris

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 Post subject: Re: ILR Visa Application - 28 Day Problem
Post Number:#10  PostPosted: 22 Feb 2010 12:53 
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Yes Yannis

We have always had everything translated and notarised since day one, what with letters from ex fathers and change of name and then because of that new letters from the father in Nata's new name and of course new birth certificates and new passports in her new name all translated, notarised and what not, it has been a long drawn out process over the last 2+ years, but we are nearing the finish line now, so no harm done.

Chris

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