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Apply for ILR or further Leave to Remain?

Posted: Fri Jul 29, 2016 8:32 pm
by mrsnice
Hi - can I now apply for ILR, given my situation below:

May 2012 - arrived in UK on the Youth Mobility Visa
May 2014 - replaced with the Leave to Remain Visa (unmarried partner of British person)
Feb 2016 - married my partner
Oct 2016 - Leave to Remain Visa expires

I am unsure if I need to extend my Leave to Remain for a further 2.5 years, or can I now apply for the ILR as I entered UK before July 2012 and have been on the unmarried partner visa for over 2 years.

Some clarity on this would be appreciated!
Many thanks, Mrs Nice.

Re: Apply for ILR or further Leave to Remain?

Posted: Fri Jul 29, 2016 8:37 pm
by Casa
mrsnice wrote:Hi - can I now apply for ILR, given my situation below:

May 2012 - arrived in UK on the Youth Mobility Visa
May 2014 - replaced with the Leave to Remain Visa (unmarried partner of British person)
Feb 2016 - married my partner
Oct 2016 - Leave to Remain Visa expires

I am unsure if I need to extend my Leave to Remain for a further 2.5 years, or can I now apply for the ILR as I entered UK before July 2012 and have been on the unmarried partner visa for over 2 years.

Some clarity on this would be appreciated!
Many thanks, Mrs Nice.
No, as your immigration clock was re-set when you switched to Unmarried Partner in May 14. You'll have to apply for another 2.5 year FLR(M) extension before qualifying for ILR. As the spouse of a British citizen, as soon as you have been granted ILR you will be able to apply for BC.

Re: Apply for ILR or further Leave to Remain?

Posted: Fri Jul 29, 2016 9:06 pm
by mrsnice
Okay many thanks for the response - I thought so :(

I didn't know that I could apply as a BC right after the ILR - so that's a bonus!