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Apply for ILR or further Leave to Remain?

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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mrsnice
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Posts: 2
Joined: Fri Jul 29, 2016 8:14 pm

Apply for ILR or further Leave to Remain?

Post by mrsnice » Fri Jul 29, 2016 8:32 pm

Hi - can I now apply for ILR, given my situation below:

May 2012 - arrived in UK on the Youth Mobility Visa
May 2014 - replaced with the Leave to Remain Visa (unmarried partner of British person)
Feb 2016 - married my partner
Oct 2016 - Leave to Remain Visa expires

I am unsure if I need to extend my Leave to Remain for a further 2.5 years, or can I now apply for the ILR as I entered UK before July 2012 and have been on the unmarried partner visa for over 2 years.

Some clarity on this would be appreciated!
Many thanks, Mrs Nice.

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Casa
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Posts: 25686
Joined: Wed Jul 23, 2008 2:32 pm

Re: Apply for ILR or further Leave to Remain?

Post by Casa » Fri Jul 29, 2016 8:37 pm

mrsnice wrote:Hi - can I now apply for ILR, given my situation below:

May 2012 - arrived in UK on the Youth Mobility Visa
May 2014 - replaced with the Leave to Remain Visa (unmarried partner of British person)
Feb 2016 - married my partner
Oct 2016 - Leave to Remain Visa expires

I am unsure if I need to extend my Leave to Remain for a further 2.5 years, or can I now apply for the ILR as I entered UK before July 2012 and have been on the unmarried partner visa for over 2 years.

Some clarity on this would be appreciated!
Many thanks, Mrs Nice.
No, as your immigration clock was re-set when you switched to Unmarried Partner in May 14. You'll have to apply for another 2.5 year FLR(M) extension before qualifying for ILR. As the spouse of a British citizen, as soon as you have been granted ILR you will be able to apply for BC.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mrsnice
Newly Registered
Posts: 2
Joined: Fri Jul 29, 2016 8:14 pm

Re: Apply for ILR or further Leave to Remain?

Post by mrsnice » Fri Jul 29, 2016 9:06 pm

Okay many thanks for the response - I thought so :(

I didn't know that I could apply as a BC right after the ILR - so that's a bonus!

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