Enquiry

[Larson2010]

I have a friend who is very confused he spoke to me about his situation,,,

He came here on a 16 months student visas in July 2010, he got married to a BC in August 2012, he then submit his application as spouse and he was refused on the financial ground and after he appeals he was granted his 30 months visas in feb 2014 but under 10 years route,,,

after the first 30 months visas run out in August 2016 he then applied under 5 years route in premium service he was granted another 30 months visas valid until 15 August 2019 he then asked when he will be eligible for ILR, they said he can apply for ILR 28 days before 15 August 2019.

My question is, it is true that my friend can apply for ILR as they said or just a mistake from the HO agent?

I will appreciate your thoughts and advices

Thank you

[zimba]

Assuming he is under FLR(M) route, then he can apply for ILR under SET(M) after 5 years. So 2019 will be correct in that case

[vinny]

I think that he may be eligible for SET(M) no sooner than 28 days prior to 15 August 2021.

[Larson2010]

Thank you for your reply,

You can see how confusing his situation is

His first application for a spouse was in November 2012 , but was refused under the financial ground .. after 2years his appeal was granted and the HO gave him 30months visas in 2014 under 10year route family and private life.

In 2016 he applied for a FLR under 5 years route spouse and granted another 30 months...which will expire in August 2019...

The HO agent told him at the premium service centre that he could apply for ILR 28 days before August 2019.... she said because you have applied twice already for a spouse visas your next application will be ILR.

I think she did not take into consideration the fact that even though he applied as a spouse for the first time it was granted under 10year route family and private life. And that his second was granted under 5years route. They have been married for 7 years now.

Can he go ahead and apply for ILR 28days before August 2019 , or apply for ILR after 2021

Please what is your thought on this?

Thank you

[Larson2010]

Hi everyone,, I haven’t yet received your thought about my previous post,,,, please see below

Thank you for your reply,

You can see how confusing his situation is

His first application for a spouse was in November 2012 , but was refused under the financial ground .. after 2years his appeal was granted and the HO gave him 30months visas in 2014 under 10year route family and private life.

In 2016 he applied for a FLR under 5 years route spouse and granted another 30 months...which will expire in August 2019...

The HO agent told him at the premium service centre that he could apply for ILR 28 days before August 2019.... she said because you have applied twice already for a spouse visas your next application will be ILR.

I think she did not take into consideration the fact that even though he applied as a spouse for the first time it was granted under 10year route family and private life. And that his second was granted under 5years route. They have been married for 7 years now.

Can he go ahead and apply for ILR 28days before August 2019 , or apply for ILR after 2021

Please what is your thought on this?

Thank you