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Spouse Visa to ILR

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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Mbax
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Posts: 1
Joined: Thu Aug 04, 2022 9:58 pm
Malawi

Spouse Visa to ILR

Post by Mbax » Thu Aug 04, 2022 10:12 pm

My wife is a British Citizen and we have 2 children who are also British citizens.
After we got married in 2013, in 2014 I was granted spouse visa on a 10 year route. Sucessfully renewed it in 2017.
When I renewed in 2020 I was given spouse visa on 5 year route.
Now am due to renew the visa in September 2022, i am wondering do I qualify for ILR based on 5 years spouse visa since I have already spent 8 years on spouse visa?
Which application should do?

I have seen on gov website ILR based on private life if you have family in the UK that are British or Settled.
https://www.gov.uk/indefinite-leave-to- ... amily-visa
Please advise.
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Ticktack
Respected Guru
Posts: 2138
Joined: Wed Mar 23, 2022 10:35 am

Re: Spouse Visa to ILR

Post by Ticktack » Fri Aug 05, 2022 9:02 am

Mbax wrote: ↑
Thu Aug 04, 2022 10:12 pm
 My wife is a British Citizen and we have 2 children who are also British citizens.
After we got married in 2013, in 2014 I was granted spouse visa on a 10 year route. Sucessfully renewed it in 2017.
When I renewed in 2020 I was given spouse visa on 5 year route.
Now am due to renew the visa in September 2022, i am wondering do I qualify for ILR based on 5 years spouse visa since I have already spent 8 years on spouse visa?
Which application should do?

I have seen on gov website ILR based on private life if you have family in the UK that are British or Settled.
https://www.gov.uk/indefinite-leave-to- ... amily-visa
Please advise.
You probably didn't qualify for the 5 year route in 2013, that's why you got the 10 year route. It might be due to overstaying or due to not having enough funds to meet the income requirements.

In 2020, you probably renewed and met the criteria hence you were put on the 5 year route again. This doesn't exactly help you anymore.

You cannot add time previously used on the 10 year route and convert it to 5 year route.

Your new visa would take you to 2025. However, you can decide to apply for ILR in 2024 under the 10 year route or wait till 2025 and apply under the 5 year route.
No sin in failing, you just have to try and try again!
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zimba
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Posts: 20117
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Spouse Visa to ILR

Post by zimba » Fri Aug 05, 2022 9:51 am

You either need 5 years under the 5-year route or in total, 10 years of lawful continuous residence under all your visa routes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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