You have probably already heard about the new legislation regarding application for Indefinite Leave to Remain in the UK (ILR). In short this impacts us as the "probation" period has changed from 4 years to 5 years.
For the past 2 years we have been eligible to apply for a fiancees VISA and subsequently Nicole would for 2 years have had the freedom to work where-ever she would want to. Had we gone that route, Nicole would in two years time be able to apply for ILR.
As we have been in the firm belief that if Nicole could remain working for her sponsor she would as of April this year be granted ILR and thus a British Passport holder as of next year.
With no notification the rules were changed as of 3rd April such that you now require 5 years of sponsorship before being eligible to apply for ILR. This rule change happened on the same date as Nicole was eligible to apply and thus we went to the Immigrations office in Croydon to defend our case albeit with no luck.
We wrote a letter to our local MP, Edward Davey, whom confirmed the ridicolous in the new law and promissed to write to the Homeoffice. We still haven't seen this letter.
We have now taken contact with a VISA agency whom have confirmed that I am eligible to back-date my application (as a EU citizen) for ILR upon which Nicole will be eligible to a two year probation period as opposed to the normal 4 years. And yes, new VISA - new counter... You can apply for 10 VISA's and sit here for 40 years and still not be eligible to stay in the UK.
Having said this there may finally be a bit of light at the end of the extended tunnel.
