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ILR application after completing 5yr spouse visa

Posted: Tue Aug 27, 2024 5:56 pm
by Sonic74
Hi everyone
My wife will be eligible to apply for ILR at the end of this month after completing 5yr spouse visa.
We have a number of period spent out of the UK over this 5yr period (Covid, family illness).
As absence rules don’t apply when on a spouse visa, what are the rules when applying for ILR after completing the 5yr spouse route in terms of absence, are they not applicable in the application assessment? We’ve read conflicting things, whereby some say absence permitted or not are not relevant for ILR when completing spouse visa? Other say yes it’s 180 day per 12 month period?
Any help appreciated

Re: ILR application after completing 5yr spouse visa

Posted: Tue Aug 27, 2024 6:18 pm
by CR001
There is no absence limit!

The 180 says is for a totally different visa category with different rules.

Re: ILR application after completing 5yr spouse visa

Posted: Tue Aug 27, 2024 7:14 pm
by Sonic74
Thank you. To be sure I understand correctly when we apply ILR post 5yr spouse visa route it’s just the authenticity of the relationship, financial criteria excluding periods of absences? hence it’s 90% probability that ILR will be granted as long the 5yr spouse visa is complete, financial criteria met and authenticity of relationship is proved.

Re: ILR application after completing 5yr spouse visa

Posted: Tue Aug 27, 2024 7:17 pm
by CR001
To be sure I understand correctly when we apply ILR post 5yr spouse visa route it’s just the authenticity of the relationship, financial criteria excluding periods of absences?

Correct, plus B1 English and to prove relationship, you need two years evidence in both your names (jointly or addressed individually) from 3 to 6 different sources, spread evenly for every 3 to 4 months, proving cohabitation.
hence it’s 90% probability that ILR will be granted as long the 5yr spouse visa is complete, financial criteria met and authenticity of relationship is proved.
Nothing is guaranteed, but yes, in theory, if ALL requirements are met then ILR will be successful.