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He may apply for settlement under LR (LR includes all types of legal stay in the UK during the 10 year qualifying period).october2013 wrote:Hello all, please a quick advise. I got my ILR over a yr ago. My hubby currently has a spousal 10 yr route 30 month Visa. He was only issued this in February though he will be 10 yrs in the UK in August
Is he able to still apply for ILR or is he stuck with the 10 yr spouse dependant visa
No, he does not lose his time already spent. Unless you can provide a link of where you read it 'somewhere', it is not accurate.october2013 wrote:Hi thank you for your reply. I read somewhere that if you are given the 10 yr spousal family partner visa, it cancels any time previously spent in the UK.
Is this the case?
Because hubby had legal stay as a student then PSW, then 3C (For a total of 9yrs 5 months) before been granted Spousal visa in February this year. and so he will be 10 yrs complete later on this yr. And we dont want to spend £1800 for ILR if its not correct hence my question
I stand to be corrected but AFAIK the "Act" has not changed. The new guidance only clarifies something that was either not clear before (in previous versions of the guidance) or perhaps was being interpreted wrongly and (the interpretation) has been "clarified" by judges as part of a judgement in a case (?).SaadiaSaeed wrote:What do you think home office will apply new 3c act or the 3c act was in 2014.
If that isn't, then what is?iahsan wrote:The case worker guidelines say I can but is that a reliable reference?
No. You are overthinking this. It is a well known fact (for many years) that applications for ILR (for any visa category) can be submitted WITHIN 28 days before reaching 5 or 10 years qualifying date.iahsan wrote:Well the case worker guidelines says 'you can consider' not 'you should', does that make any difference then?
i am in same boat, senior members plz replyJamesBlack wrote:Seems to be no replies at all ; ((
so james are you aware which date the cw considers? if you will be posting application 4 months earlier and suppose by the time cw start process your application and that time you reach your ten years do you think cw would still process application as people says cw considers the date of posting application?JamesBlack wrote:thanks for the reply. This seems very simple. but if extension gets refused early and AR as well. 10 years struggle will be lost.
Also Tier 1 Extension fee+ cost is about 8K for 3 applications. if successful then 90 days later SET LR And SET M is another 9K.
JamesBlack wrote:thanks for the reply. This seems very simple. but if extension gets refused early and AR as well. 10 years struggle will be lost.
Also Tier 1 Extension fee+ cost is about 8K for 3 applications. if successful then 90 days later SET LR And SET M is another 9K.