I'm unclear as to whether I'm eligible for ILR as yet.

[physicskate]

Hi Vinny,

I am posting this reply to you as you are familiar with the prior discussion threads. I still have not received a clear answer to my last question as to the first possible date I can apply for an extension on FLR(M). Please review my answers to your last question between the dotted lines and advise accordingly. Many thanks.

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I left the UK before the expiry of my 3 year DLR visa at the end of 2012.

My first partner spouse visa granted under FLR(M) was issued on 14th March 2013 from outside the UK. This visa expires on 14th December 2015.

I travelled back to the UK with my husband on 10th August 2013 with my first partner spouse visa.

I hope this further information helps you to confirm what is the earliest date that I can reapply for a further extension of leave on form FLR(M) from within the UK. i.e.

a) Is it 28 days before December 14th 2015 (or)

b) Anytime after 14th September 2015 (i.e. 30 months after the first spouse partner visa issue date)

Many thanks. Much appreciated.
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As I already told you, leave it as late as possible, but before your current visa expires...

You will not be eligible for ILR until 28 days before 10 August 2018, and your next visa will only be valid for 30 months. Working backwards, 30 months before August 2018 is the 10th of Feb 2016. To bridge the gap between the expiry of your current visa and your eligiblity date for ILR, apply for your FLR(M) just before its expiry.

You *could* apply for your extension at any time, but I am trying to help you avoid an extra extension with all its associated fees!

[unclearinfo]

Hi Physics Kate,

Thankyou for your thoughtful clarification re: an advisable date to apply for my extension of leave on FLR(M), in order to avoid further unnecessary costs associated with an additional extension further down the line. I am now clear on that.

Where I am now confused is that it was my clear understanding - from everything we read on the UKBA site and were told by consular staff - that the ISSUE DATE of my first spouse visa (i.e. 14th March 2013) was of key significance in the calculation of the 5 year route to ILR, NOT the date on which I re-entered the UK on that particular visa (i.e. 10th August 2013)

Ultimately the date I re-entered the UK was related entirely to my husband's overseas work schedule, not for any purpose other than to accompany him.

Furthermore, we were told specifically that the reason why 33 months was granted for spouse visas issued outside the UK (in place of 30 months for those issued within the UK) was to assist overseas applicants in the drawing up of advanced travel plans, given that UKBA advice clearly stipulated not to make any concrete travel plans whilst the visa application was being processed.

It seems as if we are now being penalised as a result of my husband's work and where it takes him, given that he needs to travel extensively and we as a married couple do not wish to be living apart any more than we absolutely have to.

Are there discretionary grounds available, in a case such as this, for selecting the VISA ISSUE DATE as opposed to the DATE OF FIRST ENTRY on the first spouse visa, when calculating the application eligibility date for ILR on a 5 year route ?

It seems incredible that a potential 7.5 years would be required to fulfil ILR eligibility on a 5 year route, especially if the applicant had valid reasons to delay entry into the UK by a few months after the issuance of the first spouse visa, as in my case.

I look forward to your considered reply on this complex matter. Many thanks.

[vinny]

Where I am now confused is that it was my clear understanding - from everything we read on the UKBA site and were told by consular staff - that the ISSUE DATE of my first spouse visa (i.e. 14th March 2013) was of key significance in the calculation of the 5 year route to ILR, NOT the date on which I re-entered the UK on that particular visa (i.e. 10th August 2013)

Unfortunately, it has always been the case that the date of initial entry on the appropriate visa was the start of the probationary qualifying period for ILR. 

For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category, leave to enter should begin on the date they arrive in the UK. This will ensure that they are able to meet the qualifying period within the validity of their entry clearance and avoid unnecessary applications for extensions of stay.

The other significant date may be the date of application, as this may determine which Immigration rules people may be subject to, if there was a change in the immigration rules, subject to any transitional provisions. If you had applied for a spouse visa prior to 9th July 2012, then you would have been subject to the two-year qualifying period for SET(M) under the old rules.

Prior to 1st April 2003, the probationary qualifying period for SET(M), for spouses/civil or unmarried partners was twelve months. Between 1st April 2003 and 8th July 2012, it was increased to twenty four months. Following TA, the validity of a spouse/civil or unmarried partner visas was increased from twenty four months to 27 months (282, 295B), to give them more time to enter. From 9th July 2012, the probationary qualifying period for SET(M) increased from two years to five years. There was a corresponding increase in the validity of entry clearance from twenty seven months to thirty three months (D-ECP).

Worker category applicants who are eligible for SET(O) have a three months initial entry concession instead of an increase in validity of entry clearance.

You may have qualified for SET(O) in 2016, had you extended your DLR.

When applying for SET(M), there are no provisions to amalgamate leave under a different category in E-ILRP.1.3. However, see also Options.