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All references to D-LTRP.1.2 in that paragraph seem to have been removed.(page 28)For E-ILRP.1.3, substitute:
“E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).
(1A) In respect of an application falling within subparagraph (1) above, the applicant must meet all the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c), (d) or (e) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) disregard the words “2.5 times”).
(2) In calculating periods of leave for the purposes of subparagraph (1) above, any period of leave to enter or leave to remain as a fiancé(e) or proposed civil partner will be disregarded.”.
And yet you cannot explain how this is possible at all
Read Page 28 of the new HC1118 that I have linked to above.
Nonsense. I copied the new modified paragraph E-ILRP.1.3 from HC 1118 previously. I showed you how the 60 month requirement has not changed in the new modified paragraph. You have somehow convinced yourself that the new changes will magically allow you to count time under D-LTRP.1.2 which it does not.
Zimba wrote: ↑Fri May 27, 2022 7:22 pmIt is up to you to provide evidence of your claims. The HC1118 document does not change the requirements of immigration rules Section E-ILRP: Eligibility for indefinite leave to remain as a partner which still requires 60 months of leave under D-LTRP.1.1. You need to show where and how you make such a claim.
The paragraph below is copied from HC1118:
“E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application,
have completed a period of continuous residence in the UK of at least 5 years (60 months)
with the following:
(a) leave to enter granted on the basis of entry clearance as a partner granted under
paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
(c) a combination of leave under (a) and (b).
Thank you for the well detailed message.penuel2001 wrote: ↑Thu Nov 24, 2022 5:57 pmHello everyone,
@Akanbi1.1; I would like to help throw more light on the subject; if your complete 5 years is split up under FLM 10 and FLM 5 and not spent completely under FLM 5 your application will be declined by the HO, if you get a good case worker like the one I recently dealt with you would be advised to withdraw your application and given a chance to put in the correct application to renew your status for another 2.5 years so that you don’t lose your ILR application fee of over £2400 and since the 28 days window opportunity would have been over if application was taken in to be considered within 6 months you would be considered lucky.
Once you move from FLM10 to another leave route, the years start counting afresh!
Email may take a while to get response pls call the HO instead; they would give you that info over the phone, I know because I was told that when I called them in Feb 2022. And as at August HO was adamant that the leaves cannot be mixed up, carried forward to another route or added up.
The request to move to FLM 5 when renewing for the first time under FLM 10 should have been done with your application as it appears not to be automatically converted by the HO for applicants which I fin very cheeky.
If you fail/failed to do the above your next renewal would be treated as you still being on FLM 10 and should you request when you have spent 5 years under FLM 10 it would be pointless as you would still end up spending a total of 10 years defeating the purpose of the move which if done at the right time would save one 2.5years by arriving at ILR in a total of 7.5 years if originally on a 10 years route.
Also worthy to note that if applying for ILR you as an adult would need to provide evidence of having done and passed both the life in the UK test and the English test; the absence of one or all of these conditions would mean a decline on the application.
The only exemption to doing the English test is if one has a degree which is equivalent to a UK degree if done outside of UK, this would need to be evaluated by the then UK NARIC now called UK ENIC
The case I handled was a pretty straight forward one which was made complicated by the HO due to their error in their response years ago, error which I insisted they fix . This is why despite the call and info provided in Feb the application was submitted and their supposedly kind gesture of withdrawal turned down.
I hope this helps you to make a more informed decision, trust me when I say some solicitors don’t know some vital information like this, I have come across a few people who their solicitors did not request for the switch to the 5 years parent route in their application despite qualifying for the same at the correct point which would cost the individuals 2.5 years they could have avoided.
This is a recent case which was resolve on 26th of Aug 2022 so take the advise others have given you seriously if your 5 years spent was not completely done under FLM 5 route.
I wish you all the very best
