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Pre 9 July 2012. Apply for ILR after failed ILR application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ocj
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Joined: Mon Aug 01, 2016 9:35 pm

Pre 9 July 2012. Apply for ILR after failed ILR application

Post by ocj » Mon Aug 01, 2016 10:31 pm

My husband applied for his first UK spouse visa prior to 9 July 2012. At the end of that visa’s validity period he applied for ILR which was refused because we didn’t meet the sponsor’s income requirement; I was at home with our first child and not working at the time.
He was granted a variation of leave to remain (limited leave to remain for 30 months and placed on a 10 year route to settlement with no appeal rights).

He has been in the UK for a total of 4 years and we have always fully supported ourselves and had no use of public funds. I have just gone back to work and if we can apply for ILR under the 2 year route I will be able to satisfy the income requirement.

My question is, as the first spouse visa was applied for prior to 9 July 2012, does this mean that the 2 year rule still applies despite the variation of leave after this date? Or would he need to switch to the 5 year rule and apply for ILR after completing another 5 years’ residency?


Also, is he required to pay the new immigration health charge?

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Pre 9 July 2012. Apply for ILR after failed ILR applicat

Post by vinny » Tue Aug 02, 2016 5:26 am

Did he fail the adequate maintenance requirements?

Unfortunately, A280B may prevent him from reverting back to being subject to the old 2 years rules, unless they made an error with refusing his last application.
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