You can apply 4 weeks short of full two years - there is no leeway, and if you apply too early, it will be turned down.
Personal application means taking your application personally to one of the PEOs (personal enquiry offices) instead of posting it. You have to make an appointment, and pay £1020 instead of £820 in fees (2010-11), but they say they aim to deal with 90% of applications submitted in person within 24 hours. Remember only straightforward application can be dealt with in a day, and complicated cases, esp where further inquiries have to be made, will incur a delay. But for the sake of £200, I think it's a small price to pay to jump a 6-month queue!
Provided you apply in time, your current immigration status continues to apply until your application is processed and a decision is made.
Joppa, you seem very knowledgeable about this subject and I am a little confused with the home office website at the moment i wonder if you could shed some light on something for me?
I have a 2 year spousal visa that expires on 31 July this year, but because of the uncertainty of actually getting the visa, my civil partner were unable to prepare for moving to the UK, and we did not arrive here until 26 September. I literally received the visa in the mail in Australia 3 days before the start date, and you cannot pack up your life in another country, I mean we were both still working, and at no time were we given a guarantee to be approved. It was impossible to get here in any less than the time it took us.
My question is: Obviously there is a 57 day gap between the above dates, so when do I put in my application for ILR? I know I have to apply before the date on my visa, but if I do that, I haven't fulfilled the 2 year requirement for ILR.
I was worried about which to fill out the SetM or the FLR (extend your stay forms). I took a day off work late last year to call the office in London to find out for sure, and I was told to use SetM forms because it was less than 3 months, and that I need to apply 4 weeks before the date on my VISA and that it would most likely be delayed due to having to make up the time. However, I would rather pay the £1000 to get a quick turnaround because if I do the postal way, I run the risk of being without a passport for a year, and that is ridiculous!
I have gone over and over the Home office site, and I get so confused with it. I seem to go backwards and forwards across the site on all the links embedded in the pages, and I still can't seem to get a definitive answer.
The site it seems to contradict itself, and the phone call I made, it says your date is the latest out of your visa date and the date you arrived, but then also says you MUST apply before the date stated on your visa, well mine is BEFORE the date I arrived. On another page it says the Visa is 27 months, when mine is only 2 years and it is stated everywhere you MUST do the two full years! What is this 27 month thing?
Incidently, my phone call was before the bit on the website appeared about taking the latest of the two dates as the date to use, so that almost makes the call obsolete. I will call the office again closer to the date, but this is driving me nuts trying to figure out. I want to prepare, and I want to know that I can pay the extra and apply in person, because I need my passport and I want to book a holiday!
I apologise if this doesn't make much sense, it is hard to put in writing what I am looking for!
Thank you so much in advance for any information you might be able to help with.
Kys
I also have another couple of unrelated questions, but I don't want to take advantage of your good nature all at once...