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I came to London on spouse visa on 8th Feb 2014 and in 2016 my visa was extended for another 2.5yrs and the 5yr Route was completed in 2019 but my husband told me that you cannot get ILR in 2019 as he was on Indian passport when I entered uk and in 2016 he extended my visa on spouse of British citizen as he got his citizenship in 2016. Now I will get my ILR in 2021 and now he is creating problems and threatening me that he can cancel my visa anytime if he want. I want to know whether can I apply for the ILR now as I have completed 5 years in UK or should I wait till 2021 and he also threatening me that he will not help me in my ILR in 2021. Can I apply for ILR in 2021 without his help or I need his documentation. I don’t want to go back to India as my husband and his family want to ruin my life. They don’t want divorce nor they want to keep me in their house, they want to send back to my parents house.

The fact the your husband was British when you got an extension makes no difference whatsoever. Family visa issued to family of individuals who are either settled (with ILR) or British. You should be able to get ILR now however that requires you to show your relationship is subsisting. Remember that being bullied/threatened by you husband can be a form of domestic abuse and I suggest you to seek help from proper channels: https://www.gov.uk/guidance/domestic-ab ... o-get-help

I talked to the lawyer and he is telling that you cannot apply for the ILR now because you have changed your category once in 2016 so you have to stay here till 2021 and he is also telling me that yes your husband has the right to cancel your visa as you are on spouse visa

MeharK wrote: ↑

Wed Feb 05, 2020 8:22 pm

I talked to the lawyer and he is telling that you cannot apply for the ILR now because you have changed your category once in 2016 so you have to stay here till 2021 and he is also telling me that yes your husband has the right to cancel your visa as you are on spouse visa

What category you where under in 2014 ? 5 year spouse route or the 10 year spouse route ?! What changed during extension in 2016 ?
As you originally stated that you came here under the spouse visa, right ?!

I entered UK on PBS DEPENDANT VISA(5 yr route) and later in 2016 changed the category to spouse of British citizen, that’s what confusing me whether the 2.5 years will be counting or not. And my husband telling me that he will cancel my visa anytime he want. He is in India right now and I am alone here in UK. Whether it is possible he can cancel it without my knowledge as nor we are separated nor divorced.

Your clock reset when your switched visa in 2016.

You will only qualify for ilr when you have 5 years on your current visa.

You cannot combine time spent as pbs dependent and FLR m spouse visa to make up 5 years for ilr.

Thanks for the information. Just some more advice if I can get; can my husband cancel my visa without my knowledge as we are not separated nor divorced. And if he do so whether the home office will inform me about the cancellation or not. And lastly, do I need his documents while applying for ILR or I can show my bank statements and marriage existence.

can my husband cancel my visa without my knowledge as we are not separated nor divorced.

Yes, he could tell ho you are no longer in a subsisting relationship and he no longer sponsors you.

And if he do so whether the home office will inform me about the cancellation or not.

Yes, they will write to you at the address they have on their records and your visa could be curtailed.

And lastly, do I need his documents while applying for ILR or I can show my bank statements and marriage existence.

You need his support for ilr. You cannot avoid this.