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Spouse Visa to Parents Catagory

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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adilkhan
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Joined: Thu Feb 07, 2019 10:04 am
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Spouse Visa to Parents Catagory

Post by adilkhan » Thu Feb 07, 2019 10:29 am

I relocated to UK on Spouse Visa in April 2014. In 2016 we supposed to applied for FLR(M) . As my wife is disabled, has got long term medical conditions and everything stressful for her. This is why she thought to apply for ILR. We booked a counselling session with a law firm regarding this that would it be right or not. They advised us we can apply ILR but if home Office does not consider my wife’s physical condition and not grant ILR then they will grant FLRM. We submitted my application and Home Office took 17 months to give a decision and they changed my visa status, put me on 10 years Parents route though I met all the requirements apart from the 5 years time frame. My question is would my previous stay on Spouse Visa 30 months + 17 months for waiting for home Office response would count in new Visa route or I have to wait 10 more years for ILR?

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CR001
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Re: Spouse Visa to Parents Catagory

Post by CR001 » Thu Feb 07, 2019 10:40 am

You didn't qualify for ILR in 2016. You need 5 years residence on a spouse visa, so you were wrongly advised by your solicitor and should have applied for FLR(M) extension for 2.5 years first.

You are now on a new 10 year route to ILR. But if you meet the requirements in 2024 to apply for ILR based on 10 years long residence, you can do that as well.
Char (CR001 not Casa)
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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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