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ILR 6 Months Early Possible?

Posted: Mon Aug 15, 2011 7:03 pm
by AzimScot
Hi,

I am wondering if anyone has been or has knowledge of receiving ILR before an expiry of a spouse visa in a case of domestic abuse law? I personally feel that even if the law was on their side there is not a possibility of a ILR being applied to the immigration 6 months before an existing spouse visa expires? Does their exist any exception to that case?

Thanks.

Posted: Mon Aug 15, 2011 7:09 pm
by Lucapooka
The guidance and rules clearly indicate that the mandatory two year temporary residence period is not a requirement with respect to DV applications. That seems obvious as the relationship has clearly broken down, is not subsisting, and therefore can't continue for the required two year period.

http://www.ukba.homeoffice.gov.uk/polic ... cviolence/

Posted: Mon Aug 15, 2011 7:16 pm
by PaperPusher
http://www.ukba.homeoffice.gov.uk/settl ... rmset(dv)/

The applicant gets ILR from the date the settlement application is approved, whether that is six months after their arrival in the UK or shorter or longer.