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ILR 6 Months Early Possible?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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AzimScot
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Posts: 245
Joined: Tue Feb 12, 2008 10:56 pm
Location: Scotland, UK

ILR 6 Months Early Possible?

Post by AzimScot » Mon Aug 15, 2011 7:03 pm

Hi,

I am wondering if anyone has been or has knowledge of receiving ILR before an expiry of a spouse visa in a case of domestic abuse law? I personally feel that even if the law was on their side there is not a possibility of a ILR being applied to the immigration 6 months before an existing spouse visa expires? Does their exist any exception to that case?

Thanks.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon Aug 15, 2011 7:09 pm

The guidance and rules clearly indicate that the mandatory two year temporary residence period is not a requirement with respect to DV applications. That seems obvious as the relationship has clearly broken down, is not subsisting, and therefore can't continue for the required two year period.

http://www.ukba.homeoffice.gov.uk/polic ... cviolence/

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

Post by PaperPusher » Mon Aug 15, 2011 7:16 pm

http://www.ukba.homeoffice.gov.uk/settl ... rmset(dv)/

The applicant gets ILR from the date the settlement application is approved, whether that is six months after their arrival in the UK or shorter or longer.

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