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Qualifying criteria for ILR for tier 1 dependant and FLR (M)

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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raazX
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Qualifying criteria for ILR for tier 1 dependant and FLR (M)

Post by raazX » Mon Nov 18, 2019 12:29 am

Hi All.

Just wondering if anyone can help please. I entered in the UK on 7 April 2014 as a dependant of my Husband who was on Tier1 General (PBS) at the time. My visa was Tier1 General partner/dependant which was in line to my husband visa expiry date.

In June 2016 my husband applied for ILR based on completing 5years on tier1 general using SET O applicaton and i applied for tier1 dependant. However few months later my husband completed 10years in the UK so he decided to vary his Set O application which was still pending with the HO to Set LR based on long residence hence i had to vary my application to FLR M.

Both our applications got approved my husband got ILR based on 10years long residence and i got Spouse/partner leave to remain for 2.5 years which is expiring next month in december 2019. so i have now been over 5years in the country on 2 different category Tier 1 Dependant and Spouse of settled person.

My question is can i apply for ILR in December based on 5years as i have been in the country for continuos over 5years or i have to wait another 2.5 years by applying for another FLR M application before making a ILR application. Hope my query make sense.

i am getting conflicting information so any advise will be really appreciated thank you x

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Casa
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Re: Qualifying criteria for ILR for tier 1 dependant and FLR (M)

Post by Casa » Mon Nov 18, 2019 12:37 am

Unfortunately, your immigration 'clock' was re-set to zero when you switched to FLR(M). You'll have to complete 5 years under this category before qualifying for ILR.

However, all legal residence can be counted for ILR under 10 years long residence.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

raazX
Newly Registered
Posts: 7
Joined: Tue Jan 31, 2017 5:08 pm

Re: Qualifying criteria for ILR for tier 1 dependant and FLR (M)

Post by raazX » Mon Nov 18, 2019 1:05 am

Thank you for quicky reply Casa, thats what i found in my research over past few days but wanted to confirm from someone reliable. I still find it bit silly because when you run a check on Gov.uk to find if you are eligible to settle in the UK it gives the outcome 'yes'and doesnt mention anything about split immigration history background. Never mind i will apply for FLR M again in next few days. Takecare

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