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Spouse on 10 Year LTR-move to 5 year and ILR?

Posted: Wed Dec 23, 2020 9:50 pm
by Dengue Dave
Dear All,

Firstly Happy Christmas to all,

My wife is currently on a 10 Year Leave to Remain partner route simply because we couldn't satisfy the Financial requirements when we returned to the UK.

We have been back in the UK for 5 1/2 years and are due to extend this again in Jan 2021.

Question 1: We now satisfy the 5 year route for FLR since my salary is now enough. Should we convert to this?

Question 2: Can we immediately apply for ILR instead, or do we need to pay for the FLR first, achieve this, and then apply for ILR (pay again?)

Many apologies if this is on a post somewhere...if so feel free to re direct me and I will do the homework.

Regards

Re: Spouse on 10 Year LTR-move to 5 year and ILR?

Posted: Wed Dec 23, 2020 9:52 pm
by secret.simon
If your spouse moves to FLR(M)(the five years partner route), she will need to complete five years on FLR(M) before being eligible for ILR. Her immigration clock will be reset to zero and her previous time on FLR(FP) (the 10 year route) will not count for ILR under FLR(M).

So really you will not save any time.

Re: Spouse on 10 Year LTR-move to 5 year and ILR?

Posted: Wed Dec 23, 2020 10:23 pm
by Dengue Dave
Thank you so much Simon,

My wife had digested the rules better than I...

We are already 5 1/2 years in, since the last extension took 5 months to grant, and prevented my wife from traveling anywhere during that application....grrrr..

As such we'll simply extend our current one …

Cheers,

Dave