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ILR - Extremely confused and need help!

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

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Visa321
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Posts: 47
Joined: Sun Jun 05, 2011 1:38 pm

ILR - Extremely confused and need help!

Post by Visa321 » Wed Aug 28, 2019 3:03 pm

Apologies for the long post but your help is very much needed.

I came to the UK as a spouse of a British Citizen in 2013. The initial visa application was made prior to the July 2012 changes (the application was refused but then overturned on appeal).

So I was on the 2 year route.

Before then end of the 27 month visa - I applied for a 2 year extension as I had not passed the life in the Uk test. The extension was granted.

The next 2 years were about to lapse and I had still not passed the life in the UK test so again applied for a 2 year extension. The extension was granted BUT the letter from the Home office stated "Grant of leave to remain - five year partner route - you have been granted a period of 30 months limited leave to remain under para D-LTRP1.1" = This letter was dated April 2018 - However the residence card which then followed stated on it that it was valid until April 2020 (which is 24 months and not the 30 months as per the contents of the letter) - This has left me confused.

I have now passed my life in the UK test and the relevant English test and want to apply for indefinite leave however I have the following questions:

- Can I apply for ILR now or will I have to wait until 28 days before the end of my current leave (April 2020)
- I came on the 2 year rule and never had to meet the financial requirements at the the time and nor when I made the 2 previous extension applications - but the most recent extension stated I am on the 5 year rule - do I need to meet the financial criteria? Surely not? As I came under the old rules and my initial application was made pre July 2012
- The home office letter and residence card do not match - the letter stated I have been given a 30 month leave but the resident card states 24 month leave - Do I need to do anything about this?

Your time is much appreciated and I hope you can help me.

Thanks

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zimba
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Re: ILR - Extremely confused and need help!

Post by zimba » Wed Aug 28, 2019 3:20 pm

You are eligible now. Apply for ILR and it should be granted under the old rules
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Visa321
Newbie
Posts: 47
Joined: Sun Jun 05, 2011 1:38 pm

Re: ILR - Extremely confused and need help!

Post by Visa321 » Wed Aug 28, 2019 3:28 pm

Thank you for your response.

What about the home office letter and residence card not matching - the letter stated I have been given a 30 month leave under the 5 year route but the resident card states 24 month leave - Is this an error on the home office's part? Do I need to do anything about this?

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