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ILR ...do I apply for it ?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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Andrea200
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Joined: Wed Jan 23, 2008 7:58 pm

ILR ...do I apply for it ?

Post by Andrea200 » Wed Jan 23, 2008 8:08 pm

Hello. Thank you very much for all your help :)
I have been in the UK since 2002, I am a non EU citizen. I had 4 years as a student visa, 6 months as a fiancee and then 2 years as unmarried partner. My two year partner visa is expiring in March, and I was wonderring if I can extended or change into a ILR. My partner and I have slipt up month a month ago, he left. I have been working all this time, which I can prove, is there any possibility for me to change my visa?
Many thanks for reading,

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jan 23, 2008 8:53 pm

Unfortunately, with regards to ILR, 295I, with reference to 295G(ii) & 295G(iii), may be applicable.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Wed Jan 23, 2008 10:09 pm

Andrea200

I think Vinny was trying to say that you will fall foul of the rules. See the links that Vinny has posted, and/or see the bits highlighted in red below:
Requirements for indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom295G. The requirements to be met by a person seeking indefinite leave to remain as the unmarried partner of a person present and settled in the United Kingdom are that:

(i) the applicant was admitted to the United Kingdom or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and has completed a period of 2 years as the unmarried partner of a person present and settled here; or

(i)(a) was admitted to the United Kingdom in accordance with leave granted under paragraph 295B(c) of these rules; and

(ii) the applicant is still the unmarried or same-sex partner of the person he was admitted or granted an extension of stay to join and the relationship is still subsisting; and

(iii) each of the parties intends to live permanently with the other as his partner; and
I don't think the 6 months on a fiance visa will count towards the 2 years.

If you are working could you get a work permit or qualify for HSMP?

See the BIA website www.bia.homeoffice.gov.uk

Someone else may have some suggestions.

Regards

olisun
Diamond Member
Posts: 1079
Joined: Mon Oct 14, 2002 2:01 am

Post by olisun » Wed Jan 23, 2008 10:14 pm

Isn't one supposed to get married if he / she is on a fiance visa?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Jan 23, 2008 10:55 pm

If you are a documented victim of domestic violence, then you may apply for ILR on form SET(DV).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Andrea200
Newly Registered
Posts: 6
Joined: Wed Jan 23, 2008 7:58 pm

Post by Andrea200 » Fri Jan 25, 2008 8:32 pm

Many thanks for all your help. Any other suggestions? I thought that as I am here 7 years already I can apply for ILR.
We were on a fiancee via,but we did not get married, we applied for the partner visa(dde facto visa) as we were living together for more than two years.
Went I got the papers back from the solicitor(with my de facto visa) he said that if I do not get married I could extend it easily for another year, was that true?
Many thanks
Andrea

Andrea200
Newly Registered
Posts: 6
Joined: Wed Jan 23, 2008 7:58 pm

Post by Andrea200 » Fri Jan 25, 2008 8:50 pm

I don't think the 6 months on a fiance visa will count towards the 2 years.



Sorry Paper ...what do u mean that i wont count towards the 2 years?
Many thanks
Andrea

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

ILR ...do I apply for it ?

Post by vinny » Fri Jan 25, 2008 9:54 pm

Andrea200 wrote:I thought that as I am here 7 years already I can apply for ILR.
You need at least 10 years to qualify for ILR under the Long Residence Rules (276A-276E).
Andrea200 wrote:Went I got the papers back from the solicitor(with my de facto visa) he said that if I do not get married I could extend it easily for another year, was that true?
True, if you also "intend to live together permanently" (295E, with reference to 295D(x); or 295H, with reference to 295G(iii)).
Andrea200 wrote:Sorry Paper ...what do u mean that i wont count towards the 2 years?
Time spent on a Fiancé(e) visa is not included in the 2-year qualifying period for ILR, under the Unmarried partner status.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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