5 Year Residency but ineligible for ILR?

[mitchtr]

My wife has been in the U.K. now for 5 years working and paying taxes. When she first arrived she was on my visa - an exempt vignette - which allowed her to work etc. When I became a British citizen my wife had not yet met the 5 year residency requirement and so had to switch to a spousal visa. Apparently when one switches between visas the residency requirement starts from zero? I somehow think that there must a way around this or please let me know if I have misunderstood anything as we would like to apply.

[CR001]

There is no way around it.

She needs 5 years on a spouse visa before she can apply for ilr. This is clearly stated in Immigration Rules Appendix FM, ie 60 months residence in the specific visa category.

[mitchtr]

Thank you for the prompt response. I’ve perused Immigtation Rules Appendix FM but can’t seem to locate any references to our situation. Could you please let me know in which specic Section etc. I can find this information?

[Amber]

I assume you settled as a long resident? If so, then you can’t amalgamate time under PBS dep leave with that under Appendix FM (even if not, still can’t add the time together). Please see - immigration-for-family-members/ilr-pbs- ... 38379.html

[CR001]

Thank you for the prompt response. I’ve perused Immigtation Rules Appendix FM but can’t seem to locate any references to our situation. Could you please let me know in which specic Section etc. I can find this information?

See below.

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);

[mitchtr]

I fail to see how the below two requirements excludes my wife as she does have a combination of (i) and (ii). My exempt vignette which I received for entry as an international civil servant gave us indefinite leave to enter and for my wife as a partner. The spousal visa afforded limited leave to remain. Hence she is now satisfying part 3.



(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);

[Amber]

It might be helpful if you detail under what category you were granted ILE? Your wife’s first leave to enter was not granted under Appendix FM, Section D-ECP: Decision on application for entry clearance as a partner, was it. Therefore, you are not combining two periods of leave which fall under Section E-ILRP.

[mitchtr]

I was afforded the ability to live and work in the U.K. via Section 8(2) U.K. Immigration Act:

2)The Secretary of State may by order exempt any person or class of persons, either unconditionally or subject to such conditions as may be imposed by or under the order, from all or any of the provisions of this Act relating to those who are not [F2British citizens].

An order under this subsection, if made with respect to a class of persons, shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

My wife was entitled to the same as my partner. This expired when I became a citizen:

[mitchtr]

Note that I did not have to attain ILR as I was already exempt from immigration control by virtue of my exempt visa.

[Amber]

Normally exemption for member of the Armed Forces, yes people naturalise with that. Unfortunately, the spouse leave is a 5 year route and can’t be added with other routes. Dependants of members of the armed forces are not exempt from immigration control.