Immigrationboards.com

Hi,

I lived in GB for 3 years in the mid 2000s on a VISA with my spouse. We knew we'd be leaving after 3 years, so after the initial 2 years granted on marriage, we opted for the FLR visa rather than the ILR visa since it was quite a bit cheaper and plus we weren't thinking of hanging around, so why would be need it?

Anyway, 15 years later, we had to re-apply for the spouse visa, and now the initial 2.5 years are up and we need to apply to extend this again. I've been advised that if I get an immigration lawyer, that I might able to apply immediately for permanent residency by using the 3 years of residency in the 2000s and the recent 2.5 years. Does this sound feasible to anyone?

Thanks in advance of any insight that can be given.

Did you then leave the UK and return on a new entry clearance visa some years after leaving?

If yes, then your previous time in the UK is lost and irrelevant. You will need a 2.5 year extension as you are on the 5 year route relevant to applications made after July 2012.

Broadly speaking, no. It needs to be five continuous years of residence as the spouse of a British citizen or of a person settled in the UK.

Even if you had acquired ILR in the past, it would have lapsed automatically on any absence of more than two continuous years from the UK and you would have to have started your immigration journey to ILR afresh from zero.