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Settlement or Spousal extension visa?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Micannie
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Settlement or Spousal extension visa?

Post by Micannie » Tue Jul 27, 2021 3:41 pm

Hi,

In 2016 my husband was granted leave to remain based on exceptional private life. This was for 30months.

In 2019 he applied and was granted a spousal visa for the first 2.5 years.

Both visas were applied with me as the supporting British partner. We've been together since 2014. We have 3 children, all British born from birth.

So can he now apply for settlement as he has been here legally as a partner for 5years, or does he need to apply for a spousal visa extension for the last 2.5 years of the partner route?

Thanks.

Annie

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CR001
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Re: Settlement or Spousal extension visa?

Post by CR001 » Tue Jul 27, 2021 3:52 pm

If he was granted 30 months leave to remain on the 10 year route,he has to wait 10 years, 4 X 2.5 year visa.

If he switched after 2.5 years to for m spouse visa, then he has another 2.5 years to go before he can apply for ILR
Char (CR001 not Casa)
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Micannie
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Posts: 2
Joined: Tue Jul 27, 2021 3:21 pm
Vietnam

Re: Settlement or Spousal extension visa?

Post by Micannie » Tue Jul 27, 2021 4:34 pm

He has already done 2.5years on spousal visa. But before that he's done 2.5years on private life visa. So in total he's done 5 years both with me as the British partner... Can he not apply for settlement if he's already been in the UK legally for 5 years with the same partner?

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CR001
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Re: Settlement or Spousal extension visa?

Post by CR001 » Tue Jul 27, 2021 4:38 pm

no he cannot.

Private life has different rules to spouse visa.

He needs another 2.5 year FLR m extension before he can apply for ILR.

It is not about having the same partner, it is about the 2 different visa routes and rules.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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