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ILR QUALIFYING PERIOD
Posted: Tue Nov 12, 2019 10:15 pm
by Kayz01
Hi...I got married in January 2014...did not qualifying for the 5 year route at the time and was granted leave on the 10 year route. However at renewal in 2017, I qualified for the 5 year route and switched. Its now aproaching another application period, I can aplly for ILR as I have been married for 5 years?
Re: ILR QUALIFYING PERIOD
Posted: Tue Nov 12, 2019 10:18 pm
by CR001
No, you need 5 years on the FLR M 5 year route before you can apply for ILR.
It is not about being married for 5 years. You must have held the relevant visa under the specific appendix FM rules for 5 years to qualify for ilr.
FLR fp 10 year route is not the same set of rules as FLR m.
Re: ILR QUALIFYING PERIOD
Posted: Wed Nov 13, 2019 1:18 pm
by Kayz01
Hi CR001,
Thanks for the prompt clarification. The only reason I asked was because when I checked on home office website and stated clearly if you are on a 10 year route, then you need to be on that visa for 10 years, However on the 5 year route it said you should be leaving as a partner for 5 years. It did not mention on that visa. I did a little further check on UKBA website and it said you cannot count period spent as fiancee...but it does not say you cannot use your marriage years. If that make sense. Will appreciate your clarification.
Re: ILR QUALIFYING PERIOD
Posted: Wed Nov 13, 2019 1:35 pm
by Kayz01
This is from the UKBA....."The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the country for 5 years continuously with permission to stay (‘leave to remain’) as a partner. You cannot count any permission to stay in the UK as a fiancé, fiancée or proposed civil partner."
Re: ILR QUALIFYING PERIOD
Posted: Wed Nov 13, 2019 2:30 pm
by CR001
You are reading the guidance related to the normal 5 year spouse visa.
The Immigration Rules Appendix FM clearly state the requirement for ILR.
https://www.gov.uk/guidance/immigration ... ly-members
Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.
E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).
E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:
(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or
(b) at least 120 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii).
Re: ILR QUALIFYING PERIOD
Posted: Wed Jan 15, 2020 10:49 am
by bek5
what about - E-ILRP.1.4. In calculating the periods under paragraph E-ILRP.1.3. only the periods when the applicant’s partner is the same person as the applicant’s partner for the previous period of limited leave shall be taken into account.