Am I Eligible to apply for ILR?
Posted: Tue Nov 23, 2021 9:42 am
I got an FLRM visa in April 2010 and came to the UK in October 2010. I was eligible to apply for ILR on the 2 year route that was in place at the time but I would only be eligible if I’d been in UK for 2 yrs so in Oct 2012. But my visa needed an extension in April 2012 so we applied for an extension.
When homeoffice processed my application the payment didn’t go through as Amex blocked the transaction. They wrote to us that application hasn’t been successful due to payment issue so apply again. We applied immediately after clearing the payment the next day of recieving their letter. Then we waited for a good 9-10 monts and recieved a refusal on the grounds that i had overstayed when I applied for the second time. As it was through no fault of my own and just a payment misunderstanding we went to judicial review. The judge sympathised and understood my situation but said that at that time in 2012 there was no rule of grace period so the refusal stands. And gave me a visa on humanitarian basis as both my son and husband were British nationals.
I applied to FLRM again this time rules had changed to being eligible after 5 years on being on spouse visa.
So now my second extension and my 5 years on spouse visa are about to finish in feb 2022. Would I be eligible to apply for ILR as I’ve been in the UK this whole time even I’ve been here since oct 2010. Or will that immigration history of that small overstay effect my eligibility to apply for ILR?
Another question: I gave and passed Life in UK test in 2011 but never got to use the test results. Will I have to give the test again?
When homeoffice processed my application the payment didn’t go through as Amex blocked the transaction. They wrote to us that application hasn’t been successful due to payment issue so apply again. We applied immediately after clearing the payment the next day of recieving their letter. Then we waited for a good 9-10 monts and recieved a refusal on the grounds that i had overstayed when I applied for the second time. As it was through no fault of my own and just a payment misunderstanding we went to judicial review. The judge sympathised and understood my situation but said that at that time in 2012 there was no rule of grace period so the refusal stands. And gave me a visa on humanitarian basis as both my son and husband were British nationals.
I applied to FLRM again this time rules had changed to being eligible after 5 years on being on spouse visa.
So now my second extension and my 5 years on spouse visa are about to finish in feb 2022. Would I be eligible to apply for ILR as I’ve been in the UK this whole time even I’ve been here since oct 2010. Or will that immigration history of that small overstay effect my eligibility to apply for ILR?
Another question: I gave and passed Life in UK test in 2011 but never got to use the test results. Will I have to give the test again?