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5 years calculation query
Posted: Tue Jan 22, 2019 9:52 am
by umarnazar
Hi Forum,
Just a quick question in regards to my wife's visa situation.
She arrived in U.K in July 2015, when I had Tier 2 Visa and she came on spouse dependent visa.
I got ILR in Aug 2015 and subsequently UK Nationality in Dec 2016, I switched her visa in July 2016 to FLR (M).
The issue is how should I calculate her UK stay for ILR.
Will it be total continuous 5 years including the first year when she was on Tier 2 Visa dependent or the calculation resets and starts from July 2016?
The difference would be she would be eligible to get ILR next year i.e. July 2020 or if the first year does not count then it will be July 2021.
Please can someone clarify this?
Or is there any other shorter route for her to get nationality or ILR?
Thank you.
Re: 5 years calculation query
Posted: Tue Jan 22, 2019 10:02 am
by CR001
The issue is how should I calculate her UK stay for ILR.
Will it be total continuous 5 years including the first year when she was on Tier 2 Visa dependent or the calculation resets and starts from July 2016?
The difference would be she would be eligible to get ILR next year i.e. July 2020 or if the first year does not count then it will be July 2021.
She qualifies for ILR after 5 years (2 x 2.5 year visas) on FLR(M) so will only qualify in 2021. She cannot combine time spent as PBS Dependent with FLR(M) visa to make up 5 years for ILR. FLR(M) reset her clock to zero, as you were advised already in 2016.
indefinite-leave-to-remain/tier-2-depen ... l#p1386411
Please can someone clarify this?
Or is there any other shorter route for her to get nationality or ILR?
There is NO shortcut to ILR, she needs 5 years residence in ONE visa category. Once she has ILR, she can apply for citizenship immediately provided she meets the 3 year residence requirement.
Re: 5 years calculation query
Posted: Tue Jan 22, 2019 10:18 am
by umarnazar
Does adding a UK national child makes a difference or not really?
Re: 5 years calculation query
Posted: Tue Jan 22, 2019 10:19 am
by CR001
umarnazar wrote: ↑Tue Jan 22, 2019 10:18 am
Does adding a UK national child makes a difference or not really?
No it does not. She needs 5 years residence on her CURRENT visa category before she can apply for ILR. There is NO shortcut or quicker route.
Re: 5 years calculation query
Posted: Tue Jan 22, 2019 10:23 am
by umarnazar
Thank you very much.
If you dont mind, would you be able to provide me with a official link to it.
Thanks
Re: 5 years calculation query
Posted: Tue Jan 22, 2019 10:28 am
by CR001
A link to what exactly, that a child doesn't speed it up or that she needs 5 years in one visa category or that there is no shortcut??
Re: 5 years calculation query
Posted: Tue Jan 22, 2019 10:34 am
by umarnazar
CR001 wrote: ↑Tue Jan 22, 2019 10:28 am
A link to what exactly, that a child doesn't speed it up or that she needs 5 years in one visa category or that there is no shortcut??
That she needs 5 years in one visa category please.
Re: 5 years calculation query
Posted: Tue Jan 22, 2019 10:53 am
by CR001
Immigration rules Appendix FM.
https://www.gov.uk/guidance/immigration ... ly-members
Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.
E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).
E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:
(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
Section D-LTRP: Decision on application for limited leave to remain as a partner
D-LTRP.1.1. If the applicant meets the requirements in paragraph R-LTRP.1.1.(a) to (c) for limited leave to remain as a partner the applicant will be granted limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months with such leave or in the UK with leave to enter granted on the basis of entry clearance granted under paragraph D-ECP.1.1. (excluding in all cases any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner); or, if paragraph E-LTRP.1.11. applies, the applicant will be granted limited leave for a period not exceeding 6 months and subject to a condition of no recourse to public funds and a prohibition on employment.