Switching from 10 year route to 5 year route

[Afiya]

Hi, i've been granted a 30 month visa under article 8 human rights ground. This means i now look at the 10 year route to settlement. My question is can i switch to FLR(M) which will then be a 5 year route, from inside the UK? I'm in UK at the moment since 4 years and due to unfortunate circumstances with the application got the problem of overstay before being granted visa now.

[Amber]

Yes you can so far as you meet the requirements.

[Afiya]

A lawyer told me it had to be done from outside the UK. Are you sure i can switch from within UK? I was previously on FLR(M) and meet the requirements now too. Just have to give the english language test now. Thankyou for your reply

[julian1972]

A lawyer told me it had to be done from outside the UK. Are you sure i can switch from within UK? I was previously on FLR(M) and meet the requirements now too. Just have to give the english language test now. Thankyou for your reply

Yes you can switch from the 10-year route into the 5-year route. I have just sent off my own application last week and I can update you once I hear anything in connection with the application. Below is a quote from the HO's website:

An applicant granted leave to remain outside the rules because of exceptional circumstances or compassionate factors should be advised that they will need to make an application for further leave to remain outside the rules, on the basis of the same or other such circumstances or factors, once they have competed a period of 30 months in the UK. They should make that application no more than 28 days before their leave is due to expire. They may be able to qualify for indefinite leave to remain (settlement) under the 10-year long-residence rule if they meet the requirements of paragraph 276B, under which all periods of continuous lawful residence (whether granted under the rules or outside) may be counted. They may be able to qualify for settlement more quickly if they subsequently apply and qualify for the 5-year partner (or 5-year parent) route (and then restart their probationary period before settlement under that route).


https://www.gov.uk/government/uploads/s ... _1__1_.pdf

[Afiya]

Thankyou so much. I would appreciate the update on your case.according to what you've quoted i would first have to wait to complete these 30 months time starting from the date i've been granted visa? Or can i apply for it now? My visa date starts from 27th may 2014.

[julian1972]

Thankyou so much. I would appreciate the update on your case.according to what you've quoted i would first have to wait to complete these 30 months time starting from the date i've been granted visa? Or can i apply for it now? My visa date starts from 27th may 2014.

You do not have to wait to complete the leave of 30 months granted to you, you can apply at any time during the validity of your current leave. You should bear in mind that you would have to meet all other requirements under Appendix FM such as financial requirement, accommodation, suitability, etc.

Waiting until you have completed your 30 months leave would be drawing yourself back, that means it would take you at least 7.5 years to be eligible for ILR - 2.5 years + 5 years. The sooner you switch the better for you.

Guidance (specified evidence)

https://www.gov.uk/government/uploads/s ... _FM_SE.pdf

Application form:

https://www.gov.uk/government/uploads/s ... _04-14.pdf

[taz23]

Hi julian1972

I wanted to know if HO has given u a respone as i am thinking of switching hubbys 10 yr partner route to 5 years partner route _previously overstayed by 3 -4 months ( financial requirements will be met when i start work and combine our salaries to meet 18 600 a year. Is there any other requirementz..what documents need to be submitted etc?

Thank you

[julian1972]

It's already one year since I switched from 10 year route into the 5 year spouse route.

Have a look at the Appendix FM guidance

[taz23]

What were the requirments? What if my husband previously overstayed on his spouse visa by 4 months (entered uk in may 2012). He is currently on 10 yr partner route. Can u please advise further on what documents and requirements would be needed and if he will be successful? I know there was no financial requirement to those entered before july 2012 but i did not know of this until now and the solicitor said my hubby did not qualify on the 5 year route as he had overstayed his spouse visa and was not working due to having no visa (otherwise before his visa expired he was in a full time job since he has come to the uk) i dont want to take a risk and lose my money as every1 are giving mixed opinions.

Thank you for your help and guidance

[taz23]

What were the requirments? What if my husband previously overstayed on his spouse visa by 4 months (entered uk in may 2012). He is currently on 10 yr partner route. Can u please advise further on what documents and requirements would be needed and if he will be successful? I know there was no financial requirement to those entered before july 2012 but i did not know of this until now and the solicitor said my hubby did not qualify on the 5 year route as he had overstayed his spouse visa and was not working due to having no visa (otherwise before his visa expired he was in a full time job since he has come to the uk) i dont want to take a risk and lose my money as every1 are giving mixed opinions.

Thank you for your help and guidance

[Ismail1977]

Hi there my wife entered uk on spouse visa under the 5 years route.her first 2 and half year will be 5 months later where she will have peovide all requirements.anyway can she go on a 10 years route instead and if so what do we need to do to go on 10 years route anyone can help.me please thanx

[Alvinsloan]

Hi there my wife entered uk on spouse visa under the 5 years route.her first 2 and half year will be 5 months later where she will have peovide all requirements.anyway can she go on a 10 years route instead and if so what do we need to do to go on 10 years route anyone can help.me please thanx

Why would you want to make it ten years? :s however there is no requirement for that and based on my experience , that doesn't often happen.

[CR001]

Hi there my wife entered uk on spouse visa under the 5 years route.her first 2 and half year will be 5 months later where she will have peovide all requirements.anyway can she go on a 10 years route instead and if so what do we need to do to go on 10 years route anyone can help.me please thanx

Kindly refrain from digging up and posting in topics from 2014/2015. Suggest start your own topic with your questions.