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ILR with 30 months DL+ 30months spouse visa

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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Ckzs
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ILR with 30 months DL+ 30months spouse visa

Post by Ckzs » Sun Jun 07, 2020 2:32 am

Hi all,
I have a little dilemma i need help with please...
I came into this country in 2008, on a 3 years student visa, i met my husband, who is Bristish born, we got married in 2011 and we had a lot going on towards the time my visa was about to run out, i was struggling to work, study and my dad was diagnosed with cancer and very ill, everything drove me into depression. Anyway i ended up overstaying by 6 months and when we finally put in my application to switch to spouse visa, it was rejected, we tried every avenue and finally through an appeal in 2015, i was granted discretionary leave for 30 months, on it's expiration we applied erroneously through very wrong advice, for visa as a parent of a British citizen (my daughter), i was given 30 months spouse visa instead on the 10 year route. Do you think i can combine the DL and the 30mths spouse visa to apply for ILR?
A friend of mine gots hers recently and she said she was told to still go for a further extension of another 30 months but decided to try the ILR and she got it.
Now 3 kids ( who are all Bristish citizens) and 5 years later, i am wondering if the 2 different 30 months can be combined? should I give ILR a try myself? Or just stay on the 10 year route?
Please help...

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Re: ILR with 30 months DL+ 30months spouse visa

Post by CR001 » Sun Jun 07, 2020 7:19 am

Do you think i can combine the DL and the 30mths spouse visa to apply for ILR?
No.
A friend of mine gots hers recently and she said she was told to still go for a further extension of another 30 months but decided to try the ILR and she got it
Circumstances or visas might be different to yours.
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Re: ILR with 30 months DL+ 30months spouse visa

Post by Ckzs » Sun Jun 07, 2020 7:43 am

Thank you for a very quick response.
So having done 1 set of the 30months, would i just do 2 more to qualify or do i have to do 3 sets, does the DL count towards anything?

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Re: ILR with 30 months DL+ 30months spouse visa

Post by CR001 » Sun Jun 07, 2020 7:48 am

So having done 1 set of the 30months, would i just do 2 more to qualify or do i have to do 3 sets,
Yes 3 more as you ae on the 10 year FLR fp route, or switch to the 5 year route if you meet the FLR M English and financial requirements. That would then be 2 X 2.5 year visas.
Does the DL count towards anything?
No as your route changed.
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Re: ILR with 30 months DL+ 30months spouse visa

Post by Ckzs » Sun Jun 07, 2020 8:47 am

Yes, i meet the English requirement as i have a degree studied here and we meet the financial threshold too as my husband earning has improved in the last year, he is on £23,000+ now, so with this switching shoukd be easy? if i switch to the 5 years route then it would be just 2 more sets of 30minths?

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Re: ILR with 30 months DL+ 30months spouse visa

Post by CR001 » Sun Jun 07, 2020 8:49 am

If you switch to the FLR M 5 year spouse visa, it will be 2 X 2.5 year visas on FLR M yes and then you can apply for ILR.
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Re: ILR with 30 months DL+ 30months spouse visa

Post by Ckzs » Sun Jun 07, 2020 8:57 am

Thank you, this gives me a bit more clarity with what application i should be putting in, once my current one expires. Thank you for the advice, you don't even know how much i appreciate it. :)

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Re: ILR with 30 months DL+ 30months spouse visa

Post by CR001 » Sun Jun 07, 2020 9:03 am

Your welcome and feel free to ask any further questions if you have any.

Note that you can apply to change to FLR M 5 year route at any time. You don't have to wait till shortly before your current visa expires.
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Re: ILR with 30 months DL+ 30months spouse visa

Post by Ckzs » Sun Jun 07, 2020 1:22 pm

Thank you,
I didn't know you could apply for the 5 year route anytime and it wouldnt affect the current visa..?
I will start looking into it this week.
Thank you 🙂

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Re: ILR with 30 months DL+ 30months spouse visa

Post by CR001 » Sun Jun 07, 2020 1:31 pm

No, it won't affect your current visa.
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Re: ILR with 30 months DL+ 30months spouse visa

Post by Batou1956 » Thu Jul 09, 2020 9:30 am

Ckzs wrote:
Sun Jun 07, 2020 8:57 am
Thank you, this gives me a bit more clarity with what application i should be putting in, once my current one expires. Thank you for the advice, you don't even know how much i appreciate it. :)
You do not need to wait for your current visa to expire, as long as you meet all the criteria you can apply at anytime this will save you at least 4 years out of the 10 years.

Good luck

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Re: ILR with 30 months DL+ 30months spouse visa

Post by Ckzs » Fri Aug 28, 2020 5:31 am

Hi all,
In filling my form online I tallied up years I have been here for and it totals 12 year. So this is a side question 😊would applying based on long stay give me ILR....?

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Re: ILR with 30 months DL+ 30months spouse visa

Post by CR001 » Fri Aug 28, 2020 5:43 am

Ckzs wrote:
Fri Aug 28, 2020 5:31 am
Hi all,
In filling my form online I tallied up years I have been here for and it totals 12 year. So this is a side question 😊would applying based on long stay give me ILR....?
To be eligible for ILR based on 10 years long residence, you must have 10 years of legal stay and valid visas for the whole 10 years.

Long residence ilr also has its own specific form. It is not simply any form that you complete that will simply give consideration for ILR.
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Re: ILR with 30 months DL+ 30months spouse visa

Post by AmazonianX » Fri Aug 28, 2020 11:03 am

Ckzs wrote:
Fri Aug 28, 2020 5:31 am
Hi all,
In filling my form online I tallied up years I have been here for and it totals 12 year. So this is a side question 😊would applying based on long stay give me ILR....?
No, you had broken period along the way.

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