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#1 Posted : 12 January 2014 10:18:57(UTC)

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Joined: 01/09/2018(UTC)
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I am currently on a spouse visa and married for 2 yrs this jan 2014. However because I applied for my visa before the new rules came in force I fall under the bracket of the two year waiting qualifying time before apply for indefinite leave to remain. 

My issue is ....when I applied for my visa It took so long due to the back log last year that My biometric card came a year later exactly on my  wedding anniversary with the 2 years visa which   expires in jan 2015 ....so in theory that would mean I would be married for 3 yrs before I can apply for ILR.

Some one mentioned to me that I could apply after 2 yrs of marriage(been living here for 7 yrs )even if my bio card expires in jan 15 because tecnically I have fulfilled my waiting period and that I should not have to wait another year due to the home office having a back log which caused them to take a whole year to send me my bio card . it should have at least taken 6 months max ! 

 Is there anyone who can advice or know of any similiar situation ....it is quite a lot of money applying for ILR and I am aware that applying too early would mean losing that money but in this case do I have any grounds?

#2 Posted : 12 January 2014 10:18:57(UTC)

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Joined: 01/01/1970(UTC)
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It does not matter for how long you have been married. Be it 2 years or 20 years. Your residence for ILR will count from the date you were issued further leave (biometric card). You can apply 28 days before you clock 2 years.



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