Four years as co-habiting couple, eligible for ILR?

[Spark]

My girlfriend was granted FLR(M) status in 2010 and then shortly afterwards we relocated to Canda for work. We are still in Canada and are considering moving back to the UK this year but are unsure regarding her immigration options.

Her FLR(M) is valid until this September and before gaining that status she was on a student visa in the UK and did her degree there. We have been a couple for nearly 4 years now and will have been living together for 4 years this Summer. We have also lived together full time throughout the last 4 years constantly, including our time in Canada and have evidence of this etc.

If we were to move back to the UK later this year would she now be eligible for ILR immediately since we would have been a couple for over 4 years at that point. I know her situation is more confusing that most though as the majority of the time for which her FLR(M) has been valid has been spent outside the UK.

Thanks,

Spark.

[nadiii]

I heard the 4 years rule is being changed in April 2012. If you qualify/apply before that then you will be ok, but after that if the rules are changed you will have to wait a further 5 years to apply for ILR. Thats what i heard.

[Spark]

I heard the 4 years rule is being changed in April 2012. If you qualify/apply before that then you will be ok, but after that if the rules are changed you will have to wait a further 5 years to apply for ILR. Thats what i heard.

Damn, are we entitled to apply before then even though her FLR(M) doesn't expire until the Autumn of this year? We have technically been a couple for 4 years now, give or take a couple of weeks, but didn't move in together until around 7 months later.

[nadiii]

Apply before April 2012 with the evidence you have.

Its not 100% certain they will change the 4 year ruling in April 2012. But there will be changes.

Some more knowledgable members here would be able to advise you further im sure.

[Spark]

Apply before April 2012 with the evidence you have.

Its not 100% certain they will change the 4 year ruling in April 2012. But there will be changes.

Some more knowledgable members here would be able to advise you further im sure.

Thanks, I think we would struggle to provide evidence of being in a couple prior to moving in together since boyfriends and girlfriends do not usually share utility bills and bank statements early in their relationship but I will speak with her and see what we can do.

Presumably she can just apply outland through Toronto as well? She isn't a Canadian national, neither of us are, but she would be here legally.

[vinny]

The 4 years rule are for unmarried couples residing outside the UK for at least 4 years. If she was granted FLR(M) in 2010, then she could not have been outside of the UK at that time?

[Spark]

The 4 years rule are for unmarried couples residing outside the UK for at least 4 years. If she was granted FLR(M) in 2010, then she could not have been outside of the UK at that time?

Thanks Vinny, no she wasn't, it was applied for whilst we were in the UK and she went directly from student status to FLR(M). We left the UK just shortly after her FLR(M) came into effect. We were just reading up on this tonight actually and we didn't realise that the 4 years of co-habiting had to be outside the country (we have only lived together outside Britain for just over 1 year) so I suppose she will need a 2nd FLR(M)unfortunately, and that's if we can even get one under the new rules.

[vinny]

See also Time spent outside the UK.

[Spark]

See also Time spent outside the UK.

Thanks, unfortunately it is as we expected and she wouldn't qualify as she has not spent long enough in the UK under that immigration category. Her actual time in the UK under FLR(M) was only around 3 months and the rest of her time there was spent on successive student visas so I think if we go back then she will need another FLR(M) and I don't even know if we would qualify for that when the new rules come into effect.

[vinny]

She may apply for ILR if she satisfies 295G.

[Spark]

You may apply for ILR if you satisfy 295G.

Thanks, I've never seen that particular article before so we will have a ready through it this evening.