Hello,

I have two questions about applying for the ILR but first i'll explain my situation.

I am living in the UK on a spousal visa which was issued on 9August 2007 and will expired this year on that date. I did not enter the UK until two months after my visa was issued (2 october 2007). I have just been told that in this situation i need to make my application before the expiry date but that it will not begin being processed until 28 days before my entry date. Is this correct? i was always under the impression that i would just apply 28 days before the expiry date and the process would begin then, not in relation to my entry date.

My other question is, if the above is true and i decide to apply in person in Glasgow, will my husband be able to take his passport away him that day or will he need to leave it behind with the application? He has just started a job where he will be required to travel back and forth weekly to Rotterdam  for a few months and having his passport held will prevent him from working. i know he can request the return of his passport but that takes 7-10 days from what i understand.

Thank you!

Cherisse

Dear Cherisse,

You can apply for your ILR 28 days befor your 2-year visa runs out. As you have delayed 2 months in your enterance, the best thing to do is applying for ILR (completing form FLR(M) ) but because of that delay, they might process your application on the basis of visa extention (3 or 6 months). However they might accept it as an ILR case, too.

If you apply in person (the way I did) in one of the public offices, you don't need to leave any of your documents there. They will take copies of them and 90% of applications are done in 3 hours (if there hasn't been any shortage in documents). Even if they process your application on the basis of extention, they won't keep your original documents. So don't worry.

Personal advice: Provide as much documents as you can to support your application and have a good and acceptable reason (excuse) for your delay. In this way you can satisfy them to accept giving you ILR rather than visa extention.

Good luck!