Eligibility of ILR

My wife came in May 2009, however she was in different visa up to Nov 2017. Since Nov 2017 she is on my dependent visa (spouse/partner Leave to remain). I am British citizen from Jan 2019 and ILR from sep 2017.

Which form i can use for ILR/settlement?
When she is eligible to apply?
Do she have to wait for 1 year after ILR to apply for British citizenship?

Thanks in advance

monza wrote: ↑

Tue Aug 16, 2022 11:33 pm

My wife came in May 2009, however she was in different visa up to Nov 2017. Since Nov 2017 she is on my dependent visa (spouse/partner Leave to remain). I am British citizen from Jan 2019 and ILR from sep 2017.

Which form i can use for ILR/settlement?
When she is eligible to apply?
Do she have to wait for 1 year after ILR to apply for British citizenship?

Thanks in advance

Your wife probably switched in 2017 to spouse visa because you have ILR.

Your wife has to spend 5 years under this route to qualify for ILR using SET M application provided she has been granted under the 5 years route as a partner.

If she’s married to a British citizen at the date she intend to apply for naturalisation, no need to wait 1 year.

monza wrote: ↑

Tue Aug 16, 2022 11:33 pm

My wife came in May 2009, however she was in different visa up to Nov 2017. Since Nov 2017 she is on my dependent visa (spouse/partner Leave to remain). I am British citizen from Jan 2019 and ILR from sep 2017.

Which form i can use for ILR/settlement?
When she is eligible to apply?
Do she have to wait for 1 year after ILR to apply for British citizenship?

Thanks in advance

Has the spouse visa been granted under the 5 years route ?? or were you granted visa under human rights rules ??
Here is a long residence refusal you were discussing in 2019 which might be relevant here: indefinite-leave-to-remain/10-year-ilr- ... l#p1798955

Hi Zimba,

Yes she got visa under 5 years route, our 10 yearlong residency visa was refused in 2019 due to minor gap during student visa.

Is there any issue? As she completed 5 years.

Now i am British citizen so i hope she can apply citizenship without waiting 1 year.

Use form SET(M). She can apply for naturalisation after getting ILR

My wife got dependent visa of settled person on 10/11/2017 to 10/05/2020, and applied extention on 25/04/2020 and it was extended on 18/09/2020 to 02/04/2022. So there was gap between extention from home office side even we have applied in time. Does it mean i have to wait until 02/04/2022 for naturalisation or i can apply on 10/11/2022?

monza wrote: ↑

Wed Oct 26, 2022 1:52 pm

My wife got dependent visa of settled person on 10/11/2017 to 10/05/2020, and applied extention on 25/04/2020 and it was extended on 18/09/2020 to 02/04/2022. So there was gap between extention from home office side even we have applied in time. Does it mean i have to wait until 02/04/2022 for naturalisation or i can apply on 10/11/2022?

That is NOT a gap. Time spent under section 3C is lawful residence and not a gap

Hi all, does my wife's continuation period broken for ILR application? She is switching from FLRM to ILR, as wife of settled person. I am British citizen.

Her qualifying period start form 10/11/2017 as per BRP validity date.
Following is her absents from UK
Exit form UK Entry to UK No of day out of UK
20/06/2017 29/07/2017 39
17/09/2018 09/03/2019 173
01/12/2019 14/12/2019 13
09/01/2021 23/02/2021 45
08/11/2021 16/12/2021 38

In above dates she was present during exit and entry to and from UK.

I am not sure how UKBA calculate 180 days, as she was out for 173 days in one the trip.

Please let me know your thoughts.

Thanks in advance.

There is NO absence limit rule for FLR M spouse visa holders!!

Thanks a lot for your response.

One more question, Do she has to list all the absence from the first entry to UK (since May 2009), or just absence in the last 5 years based on qualifying period. I am asking this because she had lots of trips (14) and we have mentioned in our previous 10 years long residency application.

Only absences in the last 5 years

Thanks Zimba,

But online form has question "Since you started living in the UK have you spent time outside the UK?"

So i am confused if i need to provide all the trips or just last 5 years trips.

monza wrote: ↑

Thu Dec 08, 2022 10:53 pm

Thanks Zimba,

But online form has question "Since you started living in the UK have you spent time outside the UK?"

So i am confused if i need to provide all the trips or just last 5 years trips.

Actually, if it is SET(M) you do not need to declare any absences as advised above. THe immigration forms are not full disclosures. You provide information needed as per rules

Hi All, I have selected Yes to following answer

"Were you originally granted leave on the basis of an application made before 9 July 2012 as a partner on the family route?"

but then i think it is No, as my wife got spouse visa in Nov 2017. Please clarify which is right?. As finance questions are different when i changed form Yes to No.

One more question,
which one is relevant to both my wife and my self, we both earn more than 35K per year each, but salary slightly increased (3000) per year. so it is vary in the last 6 month but above 35K

1.The same amount continuously, above the financial requirement amount
2.The same amount continuously, below the financial requirement amount
3.Not the same amount continuously, above the financial requirement amount
4. Not the same amount continuously, below the financial requirement amount

I search in forum but very confusing. not sure which is right to select. Is it 1 or 3?

"Were you originally granted leave on the basis of an application made before 9 July 2012 as a partner on the family route?"

but then i think it is No, as my wife got spouse visa in Nov 2017. Please clarify which is right?. As finance questions are different when i changed form Yes to No

It's NO to this question.

monza wrote: ↑

Sun Dec 18, 2022 12:02 am

One more question,
which one is relevant to both my wife and myself, we both earn more than 35K per year each, but our salary slightly increased (3000) per year. so it is varied in the last 6 months but above 35K

1.The same amount continuously, above the financial requirement amount
2.The same amount continuously, below the financial requirement amount
3.Not the same amount continuously, above the financial requirement amount
4. Not the same amount continuously, below the financial requirement amount

I search in the forum but very confusing. not sure which is right to select. Is it 1 or 3?

Please help me on above selection.

monza wrote: ↑

Mon Dec 19, 2022 10:42 am

monza wrote: ↑

Sun Dec 18, 2022 12:02 am

One more question,
which one is relevant to both my wife and myself, we both earn more than 35K per year each, but our salary slightly increased (3000) per year. so it is varied in the last 6 months but above 35K

1.The same amount continuously, above the financial requirement amount
2.The same amount continuously, below the financial requirement amount
3.Not the same amount continuously, above the financial requirement amount
4. Not the same amount continuously, below the financial requirement amount

I search in the forum but very confusing. not sure which is right to select. Is it 1 or 3?

Please help me on above selection.

It's not a deal breaker regardless of what you go with. I'll tend to swing towards 3. You can also add a cover note explaining this if you like. But, it seems pretty straightforward to me.

Thanks a lot for your help, specially immigration board moderator. My wife received ilr today.

monza wrote: ↑

Wed Jan 25, 2023 11:11 pm

Thanks a lot for your help, specially immigration board moderator. My wife received ilr today.