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Hello,

I am hoping somebody would be able to help.

My wife applied for further leave to remain as dependent in March 2012 and was refused in Feb 2013 due to insufficient English language requirement. We appealed and it was allowed under immigration rules and also on humanitarian grounds (Article 8 family life) in June.

We have now received the visa but it says outside immigration rules (LOTR) and some standard format saying she can apply for ILR after 5 years.

First of all appeal clearly was allowed under rules, so we were not expecting the visa to come on LOTR. Secondly, I have become a British citizen now and because her application for further to remain was before July 2012 we should be eligible to apply for her ILR in 2 year which she has completed now.

Can anybody advise whether there will be any issue applying for her ILR?

LOTR is not an automatic route to settlement, the same circumstances have to be present when you apply for ilr and that they are unlikely to change, however, you may be able to claim public funds subject to what the visa says.

The two year route to settlement is for a spouse visa, which she doesn't have because you didn't ensure she met the English requirement.

D4109125 wrote:LOTR is not an automatic route to settlement, the same circumstances have to be present when you apply for ilr and that they are unlikely to change, however, you may be able to claim public funds subject to what the visa says.

The two year route to settlement is for a spouse visa, which she doesn't have because you didn't ensure she met the English requirement.

Dear guru, thank you for your reply.

On the appeal judge clearly said that we provided life in the UK rather than English A level which justifies the English language. This is evident from the appeal decision letter as well.

I am going to write to UKBA asking why they issue LOTR and not normal spouse visa and send them a copy of appeal decision.

So as per present circumstance are you saying she is not eligible to apply ILR even completing over 2 years on spouse visa until the application was in process?