Advice about visa time allocation

[waytogo297]

Hi there,
My wife and I got married in the Philippines this January. I have returned to the uk and we applied online for her spouse visa in the Philippines and she has her appt in February.

I have heard many different time periods that leave to remain is granted for, 2 years, 30 months and even 5 years. Bearing in mind that we shall be applying after the rules changed in July 2012. Which is it ? a definitive answer from someone who knows would be appreciated, I have been almost driven crazy by the contradictory information out there through the whole process (this forum has been a great help). It seems as though there is no easy access to definitive information.

Many thanks in advance.
Steve

[melovesengland]

New Immigration Rules came into force on 9 July 2012 which changed the length of time that family members must be in the UK before applying for settlement.

The Rules apply to partners of:

British citizens;
someone settled in the UK;
someone in the UK with refugee leave; or
someone in the UK with humanitarian protection.

"If you applied to come to the UK or for permission to stay here on or before 8 July 2012 and that permission was granted, you will need to be in the UK for 2 years before you can apply for settlement.

If you applied to come to the UK or for permission to stay here on or after 9 July 2012 for the 5-year family route and that permission was granted, you will need to be in the UK for 5 years before you can apply for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for another period of 2 and a half years.

If you applied on or after 9 July 2012 to come to the UK or for permission to stay here for the 10-year family route, or for permission to stay here on the 10-year private life route and that permission was granted, you will need to be in the UK for 10 years before you can apply for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for three more periods of 2 and a half years."

http://www.ukba.homeoffice.gov.uk/si...nts/65-fam-set

[Terpe]

Hi there,
My wife and I got married in the Philippines this January. I have returned to the uk and we applied online for her spouse visa in the Philippines and she has her appt in February.

I have heard many different time periods that leave to remain is granted for, 2 years, 30 months and even 5 years. Bearing in mind that we shall be applying after the rules changed in July 2012. Which is it ? a definitive answer from someone who knows would be appreciated, I have been almost driven crazy by the contradictory information out there through the whole process (this forum has been a great help). It seems as though there is no easy access to definitive information.

Many thanks in advance.
Steve

Steve, your wife will initially be granted a visa valid for 33 months.
Shortly before the end of her 30 month living in UK period she will be eligible apply for FLR (Further Leave to Remain) for a further 30 months
provided all requirements continue to be met.

28 days prior to her completion of 5 years in the UK, she she will be eligible for application of ILR (Indefinite Leave to Remain)

[waytogo297]

Thanks, Can I ask what specifically does "providing all requirements continue to be met"

Do I just fill out a form and sign to confirm all the requirements continue to be met or do I have to provide updated evidence similar to the original evidendce and fill out a similar application to the original. also does this apply to indefinite leave to remain as well.

Sorry to be a pain but I'm guessing you have all been where I am and are used to these questions by now.

Many thannks in advance for any replies.

[Terpe]

Thanks, Can I ask what specifically does "providing all requirements continue to be met"

Do I just fill out a form and sign to confirm all the requirements continue to be met or do I have to provide updated evidence similar to the original evidendce and fill out a similar application to the original. also does this apply to indefinite leave to remain as well.

Sorry to be a pain but I'm guessing you have all been where I am and are used to these questions by now.

Many thannks in advance for any replies.

It means just that. Whatever the specific requirements will be in force at that time she will need to comply with.
It's simply not possible to predict what the requirements will be in 30 months from now.

What can be stated however is just what is needed right now.
That comes down to what you already alluded to, in that the second FLR is NOT just a form filling excercise, but more like the application being made right now for the entry visa.
The Financial Requirement will still need to be met, along with all the associated evidence etc.

If you are interested to know all the current requirements then you'll need to review the UKBA webpage here.

Start at "Section R-LTRP: Requirements for limited leave to remain as a partner" and follow the guidance down
Even further down the page it will also cover ILR requirements under "Section R-ILRP: Requirements for indefinite leave to remain (settlement) as a partner"
Sorry to put a lot of reading your way, but you did ask

If there's anything you'd like more clarification on just ask here

[waytogo297]

Thanks for all the replies. I do now have more of an idea what is required of me in relation to achieving flr and hopefully Ilr in the future.

Jeez it's stressful though !