My ILR application

[Omairnaseer]

Good afternoon!

I would be great to get some advice here, as I am extremely confused by the info on Gov.uk and provided by Home office over the phone calls.

My wife is British and I first entered the UK in Dec 2014 on a spouse visa(5year route), so Dec 2019 makes it 5 years for me and my second spouse visa expires in Feb 2020. But we visited my Family Dubai in 2015 and had to stay back there for about 200 days, as my wife was pregnant and doctors advised, it's not suitable to fly after 6 months of pregnancy, so we stayed back. When my son was born in June, we flew back into UK in July 2015.

Now, I understand that the 180 days rule does not apply to Spouse visa route?
But according to my absence mentioned above, I haven't completed my 60 months living in the UK. Question is, do I still apply for ILR providing all the necessary evidence of my wife being pregnant at the time, giving my child's birth certificate, do case workers use their discretion? OR do I just apply for another extension and stay safe? Also, in this scenario, can Home office automatically put me on a 10 year route i haven't completed my time during 5 years?

[Casa]

Good afternoon!

I would be great to get some advice here, as I am extremely confused by the info on Gov.uk and provided by Home office over the phone calls.

My wife is British and I first entered the UK in Dec 2014 on a spouse visa(5year route), so Dec 2019 makes it 5 years for me and my second spouse visa expires in Feb 2020. But we visited my Family Dubai in 2015 and had to stay back there for about 200 days, as my wife was pregnant and doctors advised, it's not suitable to fly after 6 months of pregnancy, so we stayed back. When my son was born in June, we flew back into UK in July 2015.

Now, I understand that the 180 days rule does not apply to Spouse visa route?
But according to my absence mentioned above, I haven't completed my 60 months living in the UK. Question is, do I still apply for ILR providing all the necessary evidence of my wife being pregnant at the time, giving my child's birth certificate, do case workers use their discretion? OR do I just apply for another extension and stay safe? Also, in this scenario, can Home office automatically put me on a 10 year route i haven't completed my time during 5 years?

There is no absence limit under a Spouse visa. You are only required to show that your relationship was continuing throughout the qualifying period when you apply for ILR

[Omairnaseer]

Thanks Casa,

Much appreciate your response. But what exactly is the qualifying period? I believe that's 60 months/5 years you're referring to? If yes, then I haven't technically completed that time, due to my absence. So for that reason, am I supposed to apply for another extension? and apply ILR after I complete 60 months?

My biggest confusion is - Do i apply for ILR because i've completed two 33 months visas OR just apply for another extension because I haven't completed my 60 months?

[Casa]

The conditions of your spouse visa enable you to apply for ILR.

[CR001]

You can't have had 2 x 33 months visas unless you applied for your second visa outside the UK. Your post is unclear of your exact immigration history etc.

[Omairnaseer]

Apologies for the info being incorrect, yes I didn't get two 33months visas.

I applied for my first spouse visa outside the UK in 2014 which was valid from 15/10/14 - until 15/07/2017. Then I entered the UK in Dec 2014. Then I applied for an extension around July 2017, and was granted leave to remain until Feb 2020.

So going back to my case, me and my wife went outside the UK to Dubai and stayed there during her pregnancy in 2015 for just over 6 months.
So, shall I apply for ILR or do I apply for another extension? as I haven't completed my 60 months, because of that absence.

[CR001]

Your absence is irrelevant if you hold a spouse visa. You are overthinking this completely.

[Omairnaseer]

CR001 - thank you for the info and your response.

I am over thinking this because there is too much info online that contradicts with each other.

If the absence is irrelevant because I hold a spouse visa, then why does it say that you have to complete 60 months? what's that for?

[CR001]

There is NO absence limit. You need 2 years evidence of cohabitation in both your names for ILR.

You need 60 months on a spouse visa and your ILR qualifying period starts counting from the date you entered the UK. That's it.

[Omairnaseer]

Alright! Thanks much for clarifying this CR001

[Omairnaseer]

But my one thing still remains unclear for me...what do I apply for, ILR or extension.

So regardless of my absences, if I have completed 60 months on spouse visa (which I have) from the date I entered first, I qualify for ILR? Did i understand this right?

[CR001]

But my one thing still remains unclear for me...what do I apply for, ILR or extension.

So regardless of my absences, if I have completed 60 months on spouse visa (which I have) from the date I entered first, I qualify for ILR? Did i understand this right?

1. ILR

2. Correct.

[Omairnaseer]

Awesome, thank you.
And ofcourse it completely depends on the case workers discretion to grant me ILR looking at my absences? As in, there is no guarantee that I will get an ILR, correct?

[CR001]

Awesome, thank you.
And ofcourse it completely depends on the case workers discretion to grant me ILR looking at my absences? As in, there is no guarantee that I will get an ILR, correct?

There is NO ABSENCE LIMIT for spouse visa holders!!! You absence is completely irrelevant.