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ILR Application after LOTR & Spousal Visa
Posted: Tue May 28, 2019 11:04 am
by chris8510
Hi All
Im a noob here so not sure if this question is in the right category. Apologies in advance if it is.
I was granted DL/LOTR for 30 months in 2014 as I have not been living with my unmarried partner for long enough etc, then in 2017 i was granted a spousal visa (5yr route) after getting married in 2015 lasting until 10/2019. Total 5yrs and 17 days.
Would I be entitled to apply for ILR based on the above?
If not, would I be able to apply under long residence as I have been in the UK since 03/2006 - Working Holiday 2006 - 2008, Student Visa 2008 - 2011, Extension 2011 ( long period of waiting for responses, eventually declined, appealed etc) - DL/LOTR 2014-2017 - Spousal Visa 2017 - 2019.
Many Thanks
Chris
Re: ILR Application after LOTR & Spousal Visa
Posted: Tue May 28, 2019 2:00 pm
by zimba
If you have had 10 years of lawful residence so far then you can apply under long residence.
Re: ILR Application after LOTR & Spousal Visa
Posted: Tue May 28, 2019 2:35 pm
by chris8510
Thanks @Zimba
I'm not entirely sure about the 'lawful residence' as there as a few gaps between appealing a student visa extension and the DL/LOTR received in 2014. I do however have my full immigration history received from a FOI request so will dig through that.
Any chance of using the combined time of the DL/LOTR & Spousal(5-year route) - totalling 5yrs & 17 days for my ILR application? Can the length of the 2 visas be combined to make up the required 5 years as I would rather pursue this route ?
Re: ILR Application after LOTR & Spousal Visa
Posted: Tue May 28, 2019 2:45 pm
by CR001
You cannot combine other visa categories with a spouse visa to apply for ILR. You must have almost 60 months on spouse visa to apply for ILR on Set M.
ILR long residence eligibility.
Posted: Thu Sep 05, 2019 11:06 pm
by chris8510
Hi, just thought I'd ask a quick question on here before paying a solicitor for a yes/no answer.
My current spousal visa is expiring Oct 2019. I have been in the UK since 2006. Working holiday visa 2006 to 2008. Student visa 2008 to 2012. Applied for extension which was refused. I appealed but by the time the appeals was exhausted finished my degree. 12/2014. At the time I was also going through a divorce etc. I then applied for FLRo on 14/05/2019 and was granted LOTR on private life etc. Applied for spousal 2017 which will expire 22/10/19 and switched to 5yr route. Will I be able to apply for ILR based on long residence after the 5/6month gap between 12/2014 - 05/2015. During this gap I was "legally" required to stay in the UK until my divorce was finalised. Can I apply for ILR based on 10 year residence? I know the easy option is to get another spousal visa and complete the 5yr route but don't like giving the HO more money than I need to

Re: ILR Application after LOTR & Spousal Visa
Posted: Fri Sep 06, 2019 4:05 am
by zimba
No as it seems that you were an overstayer between 12/2014 and 05/2015 without a valid visa, so your lawful residence is broken