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ILR when having various visas

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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anya
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ILR when having various visas

Post by anya » Sun Oct 19, 2014 7:22 pm

Hi there,
I have a question regarding applying for indefinite leave to remain in UK. I am a US citizen living in UK since 2007:
Student Visa 2007 – 2008
Tier 1 (Post –study Work) 2008 –2010
Tier 1 (General) 2010- 2013
Spouse/ Partner –2013 – 2015

It appears on gov.uk that I can’t apply for Indefinite leave to remain under my current Spouse visa until I lived in UK for 10 years, however I was in the country for over 5 years when I had my last Tier 1 visa. Is it possible to apply now since I have been in the country for over 7 years?

Thanks for your help,
a

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CR001
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Re: ILR when having various visas

Post by CR001 » Sun Oct 19, 2014 7:29 pm

No, you cannot. You will be able to apply for ILR on the basis of 10 years residence in 2017, that is the earliest you can apply and can use any legal visa status towards the 10 years.

A normal spouse visa is a 5 year route to settlement if you applied on FLR(M), so you would have to renew this next year anyway for a further 2.5 years.
Char (CR001 not Casa)
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anya
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Posts: 2
Joined: Sun Oct 19, 2014 6:45 pm

Re: ILR when having various visas

Post by anya » Sun Oct 19, 2014 7:56 pm

Thanks for your help.
Would it at all expedite the process if we get married with my partner?

thanks,
a

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CR001
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Re: ILR when having various visas

Post by CR001 » Sun Oct 19, 2014 8:10 pm

No, unfortunately not. In July 2012 the rules changed and for partners of ILR holders/British citizens the requirement changed from 2 years to 5 years residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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