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Is pre-2012 residency time useful for claiming citizenship or 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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WetJeans
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Is pre-2012 residency time useful for claiming citizenship or ILR?

Post by WetJeans » Mon Feb 15, 2021 10:10 pm

Hi,

I lived in GB for 3 years in the mid 2000s on a VISA with my spouse. We knew we'd be leaving after 3 years, so after the initial 2 years granted on marriage, we opted for the FLR visa rather than the ILR visa since it was quite a bit cheaper and plus we weren't thinking of hanging around, so why would be need it?

Anyway, 15 years later, we had to re-apply for the spouse visa, and now the initial 2.5 years are up and we need to apply to extend this again. I've been advised that if I get an immigration lawyer, that I might able to apply immediately for permanent residency by using the 3 years of residency in the 2000s and the recent 2.5 years. Does this sound feasible to anyone?

Thanks in advance of any insight that can be given.

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CR001
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Re: Is pre-2012 residency time useful for claiming citizenship or ILR?

Post by CR001 » Mon Feb 15, 2021 10:21 pm

Did you then leave the UK and return on a new entry clearance visa some years after leaving?

If yes, then your previous time in the UK is lost and irrelevant. You will need a 2.5 year extension as you are on the 5 year route relevant to applications made after July 2012.
Char (CR001 not Casa)
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secret.simon
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Re: Is pre-2012 residency time useful for claiming citizenship or ILR?

Post by secret.simon » Mon Feb 15, 2021 10:23 pm

Broadly speaking, no. It needs to be five continuous years of residence as the spouse of a British citizen or of a person settled in the UK.

Even if you had acquired ILR in the past, it would have lapsed automatically on any absence of more than two continuous years from the UK and you would have to have started your immigration journey to ILR afresh from zero.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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