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ILR eligibility for my wife with various earlier visas

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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victorpapacharlie
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ILR eligibility for my wife with various earlier visas

Post by victorpapacharlie » Mon Sep 09, 2019 1:44 pm

Hi all,

I am a UK citizen since 2010 via 5 years of stay on HSMP visa.
  • My wife came to the UK to study on a student visa in Sept 2012.
  • She graduated and got a full-time job in April 2014 and got a work visa (Tier 2).
  • We got married in July 2015.
  • As my wife wanted to change her jobs and not be restricted to work via visas, we got her a spouse/dependent visa in May 2017.
We understand the residency clock resets on changing the visa category and that should have happened in May 2017.

Now, we are coming to an end of wife's 2.5 years spouse visa and checking if she should apply for extension of residency in the UK (to complete 5 years) or for ILR and receiving conflicting information.

As per this link: https://www.gov.uk/government/publicati ... -applicant
- If we were married for > 4 years and if my wife has stayed in UK for > 27 months, and after passing KOL, she could be eligible for ILR.
- We pass all these criteria well.

Although, per this link: https://www.gov.uk/uk-family-visa/partner-spouse
- The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a partner. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner.
- This info does not state situation where she stayed for previous 2 years in tier 2.

Also, as I was settled on HSMP, rules for my wife are not too clear via: https://www.gov.uk/settle-in-the-uk/y/y ... -work-visa

My questions are as follows:
1. Would my wife me eligible for ILR?
- If not, why? - Please state official supporting links

2. If yes, what forms shall she fill among SET(M) or SET(O)?

Thanks,

VPC

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CR001
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Re: ILR eligibility for my wife with various earlier visas

Post by CR001 » Mon Sep 09, 2019 2:16 pm

1. Would my wife me eligible for ILR?
- If not, why? - Please state official supporting links
She needs 5 years on FLR(M) visa. The piece you quote from the first link is relevant only to spouse visas issued before 8 July 2012, so you are reading the outdated rules that don't apply to her as her spouse visa is one after 9th July 2012.

The second link requires 5 years residence in the qualifying spouse visa. You cannot combine different PBS route visas and a spouse visa under Appendix FM to make up 5 years for ILR.
2. If yes, what forms shall she fill among SET(M) or SET(O)?
Neither. She needs a 2.5 year extension on form FLR(M).
Char (CR001 not Casa)
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victorpapacharlie
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Posts: 2
Joined: Mon Sep 09, 2019 1:14 pm

Re: ILR eligibility for my wife with various earlier visas

Post by victorpapacharlie » Mon Sep 09, 2019 2:31 pm

CR001 wrote:
Mon Sep 09, 2019 2:16 pm
1. Would my wife me eligible for ILR?
- If not, why? - Please state official supporting links
She needs 5 years on FLR(M) visa. The piece you quote from the first link is relevant only to spouse visas issued before 8 July 2012, so you are reading the outdated rules that don't apply to her as her spouse visa is one after 9th July 2012.

The second link requires 5 years residence in the qualifying spouse visa. You cannot combine different PBS route visas and a spouse visa under Appendix FM to make up 5 years for ILR.
2. If yes, what forms shall she fill among SET(M) or SET(O)?
Neither. She needs a 2.5 year extension on form FLR(M).
This is very useful info, thanks!

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