ILR Advice needed

[Nick-and-Ella]

I'm wondering what on earth has happened since I last checked on our progress. This evening I said to my wife that we need to check how many days she is allowed out of the country as we plan to travel to PH for a holiday later this year. This led to me finding to my alarm that it seems the goalposts have been moved for us.
My wife arrived March 2014 on a spouse visa that expires Nov 2016. I was led to believe that we should apply for ILR 2 weeks before expiration of the spouse visa. Now when checking the UK visa site, it appears that we now have to wait 5 years! The big problem is that as stated above, the spouse visa expires in Nov 2016, also, her passport expires in 2018.
I obviously need to find out what the hell is happening, but wondered if anyone is in a similar situation.
It really has upset us tonight, & I still don't know how many days we're allowed for Ella to travel outside the UK before we apply for ILR!

[Terpe]

I'm wondering what on earth has happened since I last checked on our progress. This evening I said to my wife that we need to check how many days she is allowed out of the country as we plan to travel to PH for a holiday later this year. This led to me finding to my alarm that it seems the goalposts have been moved for us.
My wife arrived March 2014 on a spouse visa that expires Nov 2016. I was led to believe that we should apply for ILR 2 weeks before expiration of the spouse visa. Now when checking the UK visa site, it appears that we now have to wait 5 years! The big problem is that as stated above, the spouse visa expires in Nov 2016, also, her passport expires in 2018.
I obviously need to find out what the hell is happening, but wondered if anyone is in a similar situation.
It really has upset us tonight, & I still don't know how many days we're allowed for Ella to travel outside the UK before we apply for ILR!

I don't think the goalposts have moved. I think you just misunderstood the rules when applying for the visa.

Your wife's visa was issued under a two stage 5 year immigration schedule before eligibility for settlement under ILR
This has been the case for all family settlement applicants since July 2012

Your wife has been initially issued with a visa valid for 33 months.
Shortly before reaching her 30 month anniversary she needs to apply for the second FLR(M) which will again be issued under a 30 month validity.
Shortly before (28 days max) that second FLR(M) visa expiry she'll be eligible for application of ILR

During her time under the spouse visa there's really no specific limitations on the number of days she can be out of UK. There's only an absence count back when it comes to naturalisation. Generally if the number of days outside of UK is limited to 90 days per year she'll be fine.
If she has any plan to be out of UK for more than 90 days in any one year period then you'll need to review that plan against the qualifying residence requirements in force at that time.

There are other significant changes that WILL impact you when time comes for that second FLR relating to an NHS surcharge. I'd suggest you review that one as the costs are not small.

[Nick-and-Ella]

Hi Terpe, thanks for the helpful reply. I must admit, this is news to me, & to others who have been advising us. The whole process is just so complicated & reading through all the relevant information online is just daunting. I actually thought that that we'd done the hard part, but it seems it's never ending. I have a couple more questions. My wife's passport expires in 2018, will she be able to renew a PH passport here in UK? Is it advisable to apply for the biometric ID card?

[raynaputi]

Hi Terpe, thanks for the helpful reply. I must admit, this is news to me, & to others who have been advising us. The whole process is just so complicated & reading through all the relevant information online is just daunting. I actually thought that that we'd done the hard part, but it seems it's never ending. I have a couple more questions. My wife's passport expires in 2018, will she be able to renew a PH passport here in UK? Is it advisable to apply for the biometric ID card?

Yes she will be able to renew her passport here in the UK. Although she must go in person to Philippine Embassy in London. Here's the thread about the process and requirements: http://filipinaroses.com/showthread....Embassy-London

[Terpe]

Hi Terpe, thanks for the helpful reply. I must admit, this is news to me, & to others who have been advising us.......

Hi Nick & Ella,
That's quite surprising as the current 5 year immigration journey and all it entails has been in place since July 2012
It was subject to a considerable consultation period prior to being presented for approval by parliament.
You surely must have been aware of the requirements when you applied for a settlement visa.

Once embarked on an immigration journey it's of paramount importance to keep abreast of the various changes that get made.

At least you can be sure of up to date and accurate advise here from the many members who are currently following the same route as yourselves.

[Terpe]

............Is it advisable to apply for the biometric ID card?

The Biometrice Residence Permit (BRP) application will be part of the second FLR(M) application.
There's no other route.