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shalinia
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Spouse visa ILR

Post by shalinia » Sun Dec 06, 2020 3:58 pm

Hi

This is a new post and nothing related to the previous one. As I have no option to create a new topic I am asking here.

I have ILR spouse dependent visa for five years now and now I am eligible for applying ILR. The Visa expires by March 5th 2021.
I have to go to India now on an urgent basis. And If I am unable to return before the visa expires, Can I be able to apply for ILR from India (outside of UK)?

Thanks in advance,

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Re: Spouse visa ILR

Post by CR001 » Sun Dec 06, 2020 4:01 pm

Post split to own topic in the ilr sub forum. Please do not post ILR questions in the British citizenship topic or sub forum.
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Re: Spouse visa ILR

Post by CR001 » Sun Dec 06, 2020 4:03 pm

I have to go to India now on an urgent basis. And If I am unable to return before the visa expires, Can I be able to apply for ILR from India (outside of UK)?
You cannot apply for ILR outside the UK, it is only an application that can be made within the UK.

If your visa expires while abroad, you have to apply for a spouse visa again and likely start the 5 years qualifying period from scratch again.
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Re: Spouse visa ILR

Post by shalinia » Sun Dec 06, 2020 4:05 pm

Thank you for the reply.

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ILR Spouse (Dependant)visa from India !

Post by shalinia » Wed Jan 13, 2021 3:28 pm

Hi,

Could some one please help me what is the best thing I can do now considering the Covid crisis.

I am due to apply for ILR dependant visa on 5 year route before 05/03/2021.

Now that I am in India and planning to return to UK by the end of Feb 2021.

Given the Covid situation in UK , I am a bit worried in travelling to UK as I do have existing health issues.

I gather I cannot apply ILR outside UK.

What else I can do now as I am thinking to return to UK sometime in June 2021 as I suppose the new variant infections may subside by that time.

My Questions:

How can I enter UK in June 2021?

I mean what visa I need to apply from India before my current UK visa expires.

I was thinking to apply as family visitor visa rather one more dependant extension as it involves paying much for a short period of time and reach UK and then I can apply ILR.

Your suggestions and answers will help me in planning things accordingly.

Much appreciated.
Shalini.

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Re: ILR Spouse (Dependant)visa from India !

Post by CR001 » Wed Jan 13, 2021 6:08 pm

Topics merged. You have already been given advice when you asked in December.
I was thinking to apply as family visitor visa rather one more dependant extension as it involves paying much for a short period of time and reach UK and then I can apply ILR.
You CANNOT apply for ilr if you do NOT hold a qualifying visa. A visitor visa is NOT a qualifying visa.

It is no one's fault but your own for traveling out of the UK during a pandemic and then having issues to come back. If you do not return before your visa expires, you have to apply again and likely start a new 5 years again from scratch.
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Re: ILR Spouse (Dependant)visa from India !

Post by poper » Wed Jan 13, 2021 7:24 pm

As stated above, it is wise to return to the UK before visa expiry. Else, you may end up spending supplementary time and money to re-start your ILR route
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

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Spouse visa

Post by shalinia » Tue Feb 02, 2021 6:14 am

Hi,

Ref Visa type: "Priority" Spouse visa - Family settlement / Appendix FM Partner

Just a small query I was being told I cannot apply ILR outside UK in this forum.

What is this visa "Priority Spouse visa - Family settlement / Appendix FM Partner" we are referring to?

At the moment I have been in UK for continuously for 5 years as ILR Partner.

Now that I am eligible after November 2020 I can apply for ILR from India from this category as I am currently residing in India for personal reasons.

Can anyone tell me If this Family Settlement and ILR are one .

If both are same , Can I apply from India and what is the procedure please.

Regards,
Shalini.

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Re: Spouse visa

Post by CR001 » Tue Feb 02, 2021 7:08 am

shalinia wrote:
Tue Feb 02, 2021 6:14 am
Hi,

Ref Visa type: "Priority" Spouse visa - Family settlement / Appendix FM Partner

Just a small query I was being told I cannot apply ILR outside UK in this forum.

What is this visa "Priority Spouse visa - Family settlement / Appendix FM Partner" we are referring to?

At the moment I have been in UK for continuously for 5 years as ILR Partner.

Now that I am eligible after November 2020 I can apply for ILR from India from this category as I am currently residing in India for personal reasons.

Can anyone tell me If this Family Settlement and ILR are one .

If both are same , Can I apply from India and what is the procedure please.

Regards,
Shalini.
You cannot apply for ilr outside the UK!!

A spouse visa is called a settlement visa. The word settlement in this case does NOT mean ILR.
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Re: Spouse visa

Post by shalinia » Tue Feb 02, 2021 10:02 am

Hi,
What does the Settlement in the Screenshot means?
Also if ILR is not allowed why they have a section 'Apply outside UK'?

https://www.gov.uk/faster-decision-visa ... ide-the-uk

Contents of the Page:
Applying from outside the UK
Whether you can apply for a faster decision on a visa or settlement (‘indefinite leave to remain’) application depends on which country you’re applying from.

Because of coronavirus (COVID-19), you can only pay for a faster decision through some visa application centres. Check with the visa application centre you’re applying through.

They’ll let you know if you can apply to get a decision:

within 5 working days (‘priority service’)
by the end of the next working day (‘super priority service’)

Regards,
Shalini

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Re: Spouse visa

Post by shalinia » Tue Feb 02, 2021 12:58 pm

Hi ,
Can any one comment the above reply pls?

Regards,
Shalini

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Re: Spouse visa

Post by CR001 » Tue Feb 02, 2021 1:01 pm

You cannot apply for your ilr abroad after 5 years on a spouse visa.

The reference in the document is specific to certain circumstances for children, who would get ILE if applying abroad.
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shalinia
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Re: Spouse visa

Post by shalinia » Mon Mar 01, 2021 3:19 pm

Hi All,

Given we have serious reasons of inability to travel back to UK before 05/03/2021 to apply for ILR .

We got to know the Covid visa Concession scheme where we applied online under exceptional circumstances with evidential proof last week.

We are awaiting for the reply from the case worker and wondering if there is anyone who has used this scheme and got approvals.

Also, what options we have now in order to avoid reset of 5 year ILR route.

Please reply any one its urgent.

Much appreciated.

Regards,
Shalini.

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Re: Spouse visa

Post by shalinia » Tue Mar 02, 2021 8:45 am

Hi ,
can any one reply please for the above post.

Also, What visa can we apply from India now before expiry date 05/03/2021

Your help is indeed a life saver.

Regards,
Shalini.

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Re: Spouse visa

Post by vinny » Tue Mar 02, 2021 9:39 am

You may apply for another spouse visa under Appendix FM before expiry. This gives limited leave another for another 33-months. But it may be risky, if they consider your continuous period for ILR to be broken.
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.
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Re: Spouse visa

Post by shalinia » Tue Mar 02, 2021 9:46 am

Thanks for the reply.

As I gather HomeOffice is overlooking some break in the continous residence ; given if we get the spouse visa and come over to the UK . Can we switch over to ILR or applying Spouse visa will reset the ILR 5 year route?

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Re: Spouse visa

Post by vinny » Tue Mar 02, 2021 10:00 am

I think that E-ILRP.1.3.(1)(a) may include more than one periods of
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1
Do let us know the results of your ILR application after your return.
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Re: Spouse visa

Post by shalinia » Tue Mar 02, 2021 10:29 am

Ok Thanks,
So that means If we apply for a spouse visa, given these rules apply .ILR -5 year route wont be reset in our case???
Section E-ILRP: Eligibility for indefinite leave to remain as a partner

E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);

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Re: Spouse visa

Post by vinny » Tue Mar 02, 2021 11:08 am

It may be possible. I don’t know. You will have to tell us after their decision.
vinny wrote:
Tue Mar 02, 2021 10:00 am
Do let us know the results of your ILR application after your return.
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.
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shalinia
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Re: Spouse visa URGENT

Post by shalinia » Wed Mar 03, 2021 10:08 am

Hi

After all the discussion happened above, I feel like to travel back to UK and get the Visa done.

My Spouse visa expires on March 5th 2021 and I want to travel on March 4th 2021. I have filled the application form and as soon as I reach I can submit the form and get biometrics booked.

Can anyone please answer if I will be allowed to UK if I enter on the same day the visa expires.

PS: If they question me, I can convince that I have my job here and lived here for 5 years and now that I am applying for ILR and was unable to return in advance due to Covid issues. Does this work?

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Re: Spouse visa

Post by THO » Wed Mar 03, 2021 10:15 am

Have you booked your flight already?

Let us know how you get on if you do fly back to UK.

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Re: Spouse visa

Post by vinny » Wed Mar 03, 2021 11:06 am

Did you get a test, etc?
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.
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shalinia
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Re: Spouse visa

Post by shalinia » Wed Mar 03, 2021 11:45 am

Yes, I am getting a test done and following all the covid rules.

Could you please tell me if I will stopped to entry into UK for any reason?

Appreciate your reply,

Thanks,
Shalini.

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Re: Spouse visa

Post by vinny » Wed Mar 03, 2021 1:40 pm

I think you should be okay, if you leave hasn’t expired by the time you arrive.

However, an expiry date may be ambiguous? If your application is late, make sure to include good reasons with the application.
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.

shalinia
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Re: Spouse visa

Post by shalinia » Wed Mar 03, 2021 1:43 pm

Thank you so much for your reply!

Regards,
Shalini.

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