CAN I CHANGE FROM 10 YEAR ROUTE TO ILR

[African Princess]

DEAR MODERATORS,
THANKS FOR ALL YOUR HELP IN RESOLVING ISSUES HERE. PLEASE I WAS GRANTED 30 MONTHS LEAVE/10 YEAR ROUTE WHEN I MADE ARTICLE 8 APPLICATION ON BASIS OF MY PARTNER AND CHILD ARE BRITISH. I THEN MARRIED MY PARTNER TWO YEARS AGO. AM PLANNING TO EXTEND MY STAY AS A SPOUSE OF BRITISH CITIZEN BUT JUST SAW THE STATEMENT BELOW FROM THE HOME OFFICE WEBSITE. MY QUESTION IS, SINCE WE HAVE LIVED TOGETHER FOR OVER 4 YEARS AND HAS NOW MARRIED FOR ABOUT TWO YEARS NOW, CAN I APPLY FOR INDEFINITE LEAVE ON THAT BASIS. THANKS AND HOPING TO GET YOUR ADVICE AND GUIDANCE.

Apply to remain in the UK with family

''4.9 Unmarried partners who have since married
In some cases, a person may have been given leave to enter or leave to remain
in the United Kingdom as an unmarried partner but may subsequently have
married that partner during the probationary period. In such cases, that person
may apply for settlement, provided they have served a total of 24 months as
either the unmarried partner or the spouse of the same person.''

[julian1972]

You can not, the most you can do if you want to shorten the time it takes to be eligible for ILR is to switch into the 5 year partner route. Instead of taking you 10 years to qualify for ILR it would then take you 5 years. This would reset the time it would take to be eligible to zero, the time you've already spent on your present leave to remain will not be counted towards the 5 year qualifying period.

To switch into the 5 year partner category you have to meet all the requirements of the immigration rule.

[SoHopeful]

This is no longer an option for applications after July 2012 anyway.

[African Princess]

Thanks so much Julian1972 and Sohopeful for your advice. I intend to shorten it by going via the 5 year spouse visa before I saw that note on Home Office website. I will continue like that. We will meet all requirements as my husband earn up to £30,000 per annum and I earn about £10,500 from my part time job.

Thanks once again for your advice. Am grateful.