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Spousal Visa to ILR Application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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ruudboi
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Posts: 1
Joined: Mon Dec 02, 2019 9:30 pm

Spousal Visa to ILR Application

Post by ruudboi » Mon Dec 02, 2019 9:37 pm

Hi All,

I need your expert opinions on this please.

If a spouse enters the UK as a spouse (dependant) on a work visa, and then switches to spousal visa of a British settled person, can the time spent as spouse (dependant) on work visa count towards 5 year period for ILR application? Or does the spouse have to spend 5 years on spousal visa of a British settled person before applying for ILR? Thank you in advance.

Let me put this into context. A spouse enters the UK on a spousal visa of a work permit holder, spends 2 years on that visa. Upon expiry, switches to spousal visa of British settled person, spends 2.5 years on that visa. Extends the visa for another 2.5years. Can the said spouse apply for ILR after spending 5years in the UK (2years on spousal visa of work permit holder +3 years on spousal visa of British settled person).

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Casa
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Posts: 25685
Joined: Wed Jul 23, 2008 2:32 pm

Re: Spousal Visa to ILR Application

Post by Casa » Mon Dec 02, 2019 10:25 pm

ruudboi wrote:
Mon Dec 02, 2019 9:37 pm
Hi All,

I need your expert opinions on this please.

If a spouse enters the UK as a spouse (dependant) on a work visa, and then switches to spousal visa of a British settled person, can the time spent as spouse (dependant) on work visa count towards 5 year period for ILR application? Or does the spouse have to spend 5 years on spousal visa of a British settled person before applying for ILR? Thank you in advance.

Let me put this into context. A spouse enters the UK on a spousal visa of a work permit holder, spends 2 years on that visa. Upon expiry, switches to spousal visa of British settled person, spends 2.5 years on that visa. Extends the visa for another 2.5years. Can the said spouse apply for ILR after spending 5years in the UK (2years on spousal visa of work permit holder +3 years on spousal visa of British settled person).
The time spent under different visa categories can only be combined when applying under 10 years residence. You will have to complete 5 years on your current visa before qualifying for settlement (ILR).
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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