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Can i apply for ILR or extend my spousal visa?

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

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Kes
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Can i apply for ILR or extend my spousal visa?

Post by Kes » Mon Jun 21, 2021 12:54 pm

Hi everyone,

I would like to know if i can apply for my ILR or have to extend my spousal visa as my wife has been granted ILR under 10 year route on jan 2021. We also have 1 year old son.

Below is my immigration history:-

January-2010: entered uk with entry clearance as tier 4 student valid from 25/12/2009 to 31/05/2013.

may-2013: i applied leave to remain as tier 4 student.

27/june/2013:the above application was refused with right to appeal.

09/july/2013:i lodged an appeal.

18/02/2014: my appeal was dismissed.(after that i appealed to first tier tribunal.

01/may/2014: i was refused permission to appeal to first tier tribunal.(after that I decided to appeal to upper tier tribunal.

03/june/2014: i was refused permission to appeal the upper tier tribunal.

03/june/2014: i became appeal rights exhausted.

04/july/2014-i submitted a further leave to remain as tier 4 student.

15/august/2014: i send email to homeoffice to provide me some sort of authorisation letter to be able to get CAS from colleges.

16/0ct/2014: the above application was refused.

18/12/2014:following a telephone call from capita,i agreed to leave uk voluntarily and received a letter stating the same.the letter stated not to make any travel arrangement as some one from departure team will contact me to confirm that they have retrieved my passport.i thought they will contact me but they never got back to me.

03/05/15: i wrote to the home office and made a human rights appeal for limited leave to remain in the uk on the basis of my family and private life.however it was rejected.

Waited a while someone from departure team to contact me nobody did so. Until on 12th july 2015, i contacted to volunatry departure myself and made travel arrangements.after that they advised me to send my e ticket which i did via email.

August 2015:went back to my country.


After that i applied back as a tier 2 spouse visa on september 2015 which was granted by British high commision New Delhi.

Entered the UK on November 2015.


2018- extended my tier 2 spouse visa valid till 21-08-2021.


Any help or advice will be much appreciated. Thank you very much.

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CR001
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Re: Can i apply for ILR or extend my spousal visa?

Post by CR001 » Mon Jun 21, 2021 2:23 pm

You cannot apply for ilr based on tier 2 dependent. You also cannot extend your tier 2 dependent visa anymore.

You have to switch to FLR M spouse for another 5 years (2 x 2.5 year visas) before you can apply for ilr.
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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Tue Jul 27, 2021 9:02 am

Hi Cr001,
I do apologise in advance for using this thread as i just couldn’t access my other account. I am the same person though. Thank you very much for replying to my post. I just have few question. In gov.uk, it says that as long as you are in family visa for 5 years, you do not require english test? I just want to know if tier 2 dependent comes under family visa. I have been a tier 2 dependent from november 2015. Also what are the paperwork that is required to apply spousal visa?

Much appreciated.

Regards,
Sm1a
Kes

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CR001
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Re: Can i apply for ILR or extend my spousal visa?

Post by CR001 » Tue Jul 27, 2021 9:34 am

You need the A2 English test if you are applying for the FLR(M) spouse visa. The English test is mandatory.

Tier 2 dependent is not the same family category and Tier 2 dependents have never had to prove the English requirement.

https://www.gov.uk/uk-family-visa/provide-information
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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Tue Jul 27, 2021 11:52 am

Hi CR001,

Thank u very much for replying back.Is it only the A2 english test or i can use my b1 test result?

Thank you very much again.

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Re: Can i apply for ILR or extend my spousal visa?

Post by CR001 » Tue Jul 27, 2021 11:55 am

You can use B1 provided it is valid and on the ukbi approved test and test provider list.
Char (CR001 not Casa)
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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Tue Jul 27, 2021 12:00 pm

Hi Cr001,

Thank you very much for replying to my queries promptly. I really do appreciate it.

Kind regards

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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Thu Jul 29, 2021 11:47 am

Hi CR001,

Sorry to bother you again. do we need employment contract for both myself and my Mrs? Also the employment letter?


Kind Regards,

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Re: Can i apply for ILR or extend my spousal visa?

Post by CR001 » Thu Jul 29, 2021 12:21 pm

Employment letter only. If you are only using one persons income, then only a letter from their employer. If you are using combined income, then letters from each employer.
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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Fri Jul 30, 2021 9:48 am

Thank you very much CR001. I am doing my application and i have one question.

Is your current entry clearance or leave to remain as the partner of one of the following?
a British citizen
a person settled in the UK
a person with refugee leave or a person with humanitarian protection in the UK
a person with pre-settled status under the EUSS in the UK
a person who has leave as a Turkish ECAA worker or business person in the UK

Should i say yes or No as my current visa is as tier2 dependent. My wife was only granted ILR this year.

Look forward to hearing from you.

Thank you

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Re: Can i apply for ILR or extend my spousal visa?

Post by CR001 » Fri Jul 30, 2021 10:30 am

Sm1a wrote:
Fri Jul 30, 2021 9:48 am
Thank you very much CR001. I am doing my application and i have one question.

Is your current entry clearance or leave to remain as the partner of one of the following?
a British citizen
a person settled in the UK
a person with refugee leave or a person with humanitarian protection in the UK
a person with pre-settled status under the EUSS in the UK
a person who has leave as a Turkish ECAA worker or business person in the UK

Should i say yes or No as my current visa is as tier2 dependent. My wife was only granted ILR this year.

Look forward to hearing from you.

Thank you
The answer is NO as you do not have a visa based on any of the options listed.
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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Fri Jul 30, 2021 10:46 am

Thanks a lot again

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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Fri Jul 30, 2021 12:57 pm

Hi cr001,

Could you please kindly help me with this questions.

1.Is this the first time you have applied for a partner route, or an extension, with your current partner(including as a fiance(e) or proposed civil partner?

( i have applied as a tier 2 dependent twice)

2. Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type.
(Required)

First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)

Additional extension as a partner

First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)

You delayed your travel to the UK by more than 3 months after the issue of a visa and have not yet completed the required amount of time on a partner visa (not including as a fiancé(e) or proposed civil partner)

You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement

You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership

You are applying for any other reason

Thank u

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Re: Can i apply for ILR or extend my spousal visa?

Post by CR001 » Fri Jul 30, 2021 1:00 pm

Sm1a wrote:
Fri Jul 30, 2021 12:57 pm
Hi cr001,

Could you please kindly help me with this questions.

1.Is this the first time you have applied for a partner route, or an extension, with your current partner(including as a fiance(e) or proposed civil partner?

( i have applied as a tier 2 dependent twice)

2. Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type.
(Required)

First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)

Additional extension as a partner

First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)

You delayed your travel to the UK by more than 3 months after the issue of a visa and have not yet completed the required amount of time on a partner visa (not including as a fiancé(e) or proposed civil partner)

You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement

You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership

You are applying for any other reason

Thank u
1. Answer is yes.

2. It is the option highlighted above.
Char (CR001 not Casa)
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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Fri Jul 30, 2021 2:20 pm

Thanks a lot CR001 again.

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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Fri Jul 30, 2021 3:54 pm

Hi ,

Sorry its me again.

What should i answer to this question pls?

Could you and your partner live together outside the uk if necessary?

Yes or no

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Re: Can i apply for ILR or extend my spousal visa?

Post by AmazonianX » Fri Jul 30, 2021 5:23 pm

Sm1a wrote:
Fri Jul 30, 2021 3:54 pm
Hi ,

Sorry its me again.

What should i answer to this question pls?

Could you and your partner live together outside the uk if necessary?

Yes or no
This is not a trick question, answer it honestly as it applies to your circumstances. No one has highlighted either answer posing a problem to.their application.

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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Mon Aug 02, 2021 10:31 am

Good morning cr001,

Just a quick one. For my payslip, i have the following gross pay 1990.43,1990.67,1990.19,1993.29,1993.29,1993.06.

However, my net pay is always the same.

My question is which option should i tick on if its the a)same amount above the requirement
B) different amount above the requirement.

Many thanks

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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Thu Aug 12, 2021 10:15 am

Hi Cr001,

There is this question in the application:

Have you lived with your partner since your marriage or civil partnership?

after we got married back home. She came back to london on september 13 2015 and i came back on november 3rd as i was awaiting my application decision for the dependent visa. Do i need to include this in the application too ?

Please kindly help.

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Re: Can i apply for ILR or extend my spousal visa?

Post by Sm1a » Thu Aug 12, 2021 12:13 pm

Hi everyone,

Any help for the above query please.

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Re: Can i apply for ILR or extend my spousal visa?

Post by AmazonianX » Thu Aug 12, 2021 9:07 pm

Sm1a wrote:
Thu Aug 12, 2021 12:13 pm
Hi everyone,

Any help for the above query please.
State the truth as it applies to your circumstances.

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