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2yr vs 5yr rule waiting for 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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gbhsmp
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2yr vs 5yr rule waiting for ILR

Post by gbhsmp » Fri May 01, 2015 3:15 pm

Hi,

Help please.

Main applicant just got his Naturalisation.

His partner

1. First got Tier1(gen) dependent on may 2010 to mar 2013
2. 2nd Tier1(gen) dep on (applied feb 2013) mar 2013 to mar 2015
3 spouse visa (applied mar 2015) apr 2015 to jan 2018

She has not stayed in UK for more than 100 days due to personal issues for all these visas.
She did enter UK before 2012. Does she still come under 2year rule of ILR ? Are the first tier1 dep visa considered as spouse visa for the grant of ILR if she comes and stays in the UK for next 2 years ?
OR
Does the 5 yr wait apply ?

PS: There are breaks in visa end-to-start-dates of next visa but all visa applications were done within the expiry date of the previous visa and so I guess these are not considered as breaks.

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CR001
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Re: 2yr vs 5yr rule waiting for ILR

Post by CR001 » Fri May 01, 2015 5:04 pm

On what basis did you get ILR, 5 year T1 or long residence?
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Re: 2yr vs 5yr rule waiting for ILR

Post by vinny » Fri May 01, 2015 6:02 pm

If she applied for leave under Appendix FM, then I'm afraid that her qualifying period for SET(M) has been reset to 5 years, from date of entry on her spouse visa.
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gbhsmp
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Re: 2yr vs 5yr rule waiting for ILR

Post by gbhsmp » Fri May 01, 2015 6:35 pm

CR001 wrote:On what basis did you get ILR, 5 year T1 or long residence?
Got ILR via 5yr route T1-G and then ILR

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CR001
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Re: 2yr vs 5yr rule waiting for ILR

Post by CR001 » Fri May 01, 2015 6:37 pm

Why did she switch to spouse visa?

The advice and links that Vinny have provided is therefore correct, she will need to wait another 5 years.
Char (CR001 not Casa)
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Re: 2yr vs 5yr rule waiting for ILR

Post by vinny » Fri May 01, 2015 6:39 pm

It's a shame that she didn't return on her PBS dependant leave to apply for ILR with you, or after you got ILR.
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