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ILTR or extend spousal visa???

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

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jlcwonderboy
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Joined: Wed Feb 26, 2020 1:54 pm
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ILTR or extend spousal visa???

Post by jlcwonderboy » Wed Feb 26, 2020 2:07 pm

Hello

My wife is an Australian citizen and has been living in the UK since January 2013 initially on a Youth Mobility Visa (Tier 5). Timeline as follows:

Jan 2013 - Arrive in UK on Youth Mobility Visa (Tier 5)
Sept 2013 - We meet and commence relationship
Jan 2015 - Tier 2 visa approved (sponsored by employer in UK)
Mar 2015 - Begin co-habitation
June 2017 - We got married
Jan 2018 - Our son is born
Feb 2018 - 2.5 year portion (of 5 year spousal visa route) approved
Aug 2019 - Our daughter is born

The initial 2.5 year portion of the spousal visa expires in September, so we will likely need to renew this, however I wondered whether there was any possibility of my wife applying for ILTR at this stage given that she has been living in the UK far in excess of the required 5 year period. Or does each new visa 'reset' the clock on this and the extension of the spousal visa is really our only option?

Thanks
Jack

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CR001
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Re: ILTR or extend spousal visa???

Post by CR001 » Wed Feb 26, 2020 2:27 pm

The initial 2.5 year portion of the spousal visa expires in September, so we will likely need to renew this, however I wondered whether there was any possibility of my wife applying for ILTR at this stage given that she has been living in the UK far in excess of the required 5 year period.

No there is not. She cannot combine different visa categories to make up 5 years. She needs 5 years as a spouse visa holder before she will qualify for indefinite leave to remain. It is not only about residence, she must have held the relevant visa categories for the 5 years too.
Or does each new visa 'reset' the clock on this and the extension of the spousal visa is really our only option?
Her indefinite leave to remain 5 year clock was reset to zero when she switched from tier 2 to spouse visa in 2018. Had she remained on tier 2, she would have qualified for ILR in December last year.
Char (CR001 not Casa)
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jlcwonderboy
Newly Registered
Posts: 5
Joined: Wed Feb 26, 2020 1:54 pm
United Kingdom

Re: ILTR or extend spousal visa???

Post by jlcwonderboy » Wed Feb 26, 2020 2:53 pm

Very clear - thank you!!

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