Pre 9 July 2012. Apply for ILR after failed ILR application
Posted: Mon Aug 01, 2016 11:31 pm
My husband applied for his first UK spouse visa prior to 9 July 2012. At the end of that visa’s validity period he applied for ILR which was refused because we didn’t meet the sponsor’s income requirement; I was at home with our first child and not working at the time.
He was granted a variation of leave to remain (limited leave to remain for 30 months and placed on a 10 year route to settlement with no appeal rights).
He has been in the UK for a total of 4 years and we have always fully supported ourselves and had no use of public funds. I have just gone back to work and if we can apply for ILR under the 2 year route I will be able to satisfy the income requirement.
My question is, as the first spouse visa was applied for prior to 9 July 2012, does this mean that the 2 year rule still applies despite the variation of leave after this date? Or would he need to switch to the 5 year rule and apply for ILR after completing another 5 years’ residency?
Also, is he required to pay the new immigration health charge?
He was granted a variation of leave to remain (limited leave to remain for 30 months and placed on a 10 year route to settlement with no appeal rights).
He has been in the UK for a total of 4 years and we have always fully supported ourselves and had no use of public funds. I have just gone back to work and if we can apply for ILR under the 2 year route I will be able to satisfy the income requirement.
My question is, as the first spouse visa was applied for prior to 9 July 2012, does this mean that the 2 year rule still applies despite the variation of leave after this date? Or would he need to switch to the 5 year rule and apply for ILR after completing another 5 years’ residency?
Also, is he required to pay the new immigration health charge?