change to spouse visa from leave to remain under D-LTRP 1.2

Steveb wrote: ↑

Fri Feb 16, 2018 9:54 am

Hi,

My wife ( non EU national ) was granted leave to remain in UK within rule D-LTRP1.2 of appendix FM in December 2012 following a couple of tribunal hearings. Briefly she had entered on a visitor visa but our circumstances changed when we were in the UK and we wrongly applied for a spouse Visa which was correctly rejected. This was the only reason for rejection as we complied with the requirement for legitimate marriage , earnings/savings , accommodation etc ( and still do ) but the judge decided on balance that our human rights to family life would be disproportionately harmed if she was removed. The Home Office decision letter stated in order to qualify for settlement / indefinite leave she will have to complete 120 months in the UK with limited leave granted because Family Life with a Partner.

We applied and extended for another 30 months in Sept 2015 but we are coming to the end of 5 years and I wondered what is the best course of action.

1) Carry on under D-LTRP1.2 until 10 years are up and then apply for indefinite leave and hope it is granted

2) Apply as a spouse which I assume will be a five year route. We seem to have all the correct criteria for income, accommodation and have been married for 23 year with 2 kids ( one still 15 ).

Any advice would be gratefully accepted

Thanks, Steve

New on forum wrote: ↑

Tue Feb 20, 2018 11:45 am

If you apply flr m and if granted you will still be eligible for ILR around the same time as you would do on current leave to remain.
In addition on 5 year route you will have a headache of English language requirements and also will have to maintain the required income for ILR.
I don’t think it will be much beneficial for you.
But decision is of course yours.