ApplyILR on the basis of long Residency On 5 years Route

[kajis]

Hi Members and seniors,

Sorry, if this topic has been discussed before i couldnt find if so please provide a link so i can continue my question there.
my query in brief;
My wife came on Aug'2010 on PSW dependant, then from 2011 she was on tier1 dependent until 2016 in part 2yrs and 3 yrs which was ending on 2016 june, but i got ILR on long residency basis in 2015 and the rule was changed so i convert her visa to ILR dependent on the basis of 5 years route. so she is on her last 19 months left to complete 5 years route which is going to be expire on May 2021,but she is completing her 10 years on Aug 2020.
i am British Citizen now i check the Eligibility from the eligibility checker from gov.co.uk site mentioning that she is the spouse of BC and living here more than 5 yrs.Rresult was she can apply ILR.

I still have confusion wether i have to aply or not..?

1. can i apply for her ILR directly or i have to wait for to complete 5 years?.
2. Or can i apply ILR for her on the basis of long residency as she is completing her 10 years on Aug2020? or she has to complete the 5 years route then she will be able to apply ILR

Please advise
regards
Kajis

[CR001]

1. She needs 5 years on FLR M before she can apply for ilr based on 5 years residence using form SET M.

2. She can apply for long residence ILR if she meets the requirements and has no absence of 180 days in one go.

[talreh20]

"She is the spouse of BC and living here more than 5 yrs"means that she was on your spouse visa for 5 years which will be in May 2021.

She needs to apply under ILR (LR) if she is here for 10 years and needs to meet the eligibility criteria i.e. passing life in the UK test, English test at B1 or a UK Taught degree or a Naric Certificate proving her english to be at an appropriate level, not stayed outside the UK for 180 days at a time and 540 days overall in 10 years and wasn't an overstayer for more thank (i think) 28 days.

ILR (LR) will be an easy application to make as minimum documents are required. ILR on your basis will be a difficult one as a lot of documentation is needed.

[talreh20]

Oops taken over by CR001.

[kajis]

1. She needs 5 years on FLR M before she can apply for ilr based on 5 years residence using form SET M.

2. She can apply for long residence ILR if she meets the requirements and has no absence of 180 days in one go.

Thanks CR001and Telreh,
@CR001, so there is 9 months diference between 10 years and 5 years route, her 10 years in Aug 2020 and 5 years completing in May 2021 .
1. I remember she went back home for 7 months from Dec'2011 to June 2012 in one go, so by the time i will apply ILR(LR)for her going to be 8 years does it applies to her? and can she still apply ILR(LR) without any objection?
2. And as a spouse of British citizen if she gets ILR(LR) can she apply for citizenship straight away Or she has to wait for another 1 year.

as Telreh says required documents i have no issue all documentation up to date and ready LIUK, English Finincial requirements and cohabitions all perfect as i maintained it when i applied her for 2.5 years 5 year route... I need your advise what will be the best to go for
1.SET M
2.ILR(LR)?
please advise

Regards

[aman90]

1. 7 months is more than 180 days.
2. Yes. Immediately.
Read continuous residence guidance and apply it to ur spouses circumstances.

[CR001]

1. I remember she went back home for 7 months from Dec'2011 to June 2012 in one go, so by the time i will apply ILR(LR)for her going to be 8 years does it applies to her? and can she still apply ILR(LR) without any objection?

If the absence from December 2011 to June 2012 is more than 180 days, then her 10 year continuity of residence is broken and she doesn't qualify for long residence ILR.

2. And as a spouse of British citizen if she gets ILR(LR) can she apply for citizenship straight away Or she has to wait for another 1 year.

Yes, there is no need to wait 1 year if you are British, provided she meets all the requirements to apply based on 3 years residence.

as Telreh says required documents i have no issue all documentation up to date and ready LIUK, English Finincial requirements and cohabitions all perfect as i maintained it when i applied her for 2.5 years 5 year route... I need your advise what will be the best to go for
1.SET M
2.ILR(LR)?

Only you/she can make that choice. No one on the forum can say which is best for you as we don't know all of your circumstances. SET(LR) will fail if the absence in Dec 2011 to June 2012 is more than 180 days.

[kajis]

Appreciated thanks

2. And as a spouse of British citizen if she gets ILR(LR) can she apply for citizenship straight away Or she has to wait for another 1 year.

Yes, there is no need to wait 1 year if you are British, provided she meets all the requirements to apply based on 3 years residence.

sorry you said based on 3 years? didnt get it

[kajis]

1. 7 months is more than 180 days.
2. Yes. Immediately.
Read continuous residence guidance and apply it to ur spouses circumstances.

Appreciated thanks for prompt reply
yes its more than 180 days but there was a medical reason i am not sure that medical will work or not

[CR001]

Appreciated thanks

2. And as a spouse of British citizen if she gets ILR(LR) can she apply for citizenship straight away Or she has to wait for another 1 year.

Yes, there is no need to wait 1 year if you are British, provided she meets all the requirements to apply based on 3 years residence.

sorry you said based on 3 years? didnt get it

Once she has ILR, an application for citizenship based on being the spouse of a British citizen is based on 3 years residence under Section 6(2) of the British Nationality Act.

1. 7 months is more than 180 days.
2. Yes. Immediately.
Read continuous residence guidance and apply it to ur spouses circumstances.

Appreciated thanks for prompt reply
yes its more than 180 days but there was a medical reason i am not sure that medical will work or not

No it won't. She doesn't have 10 years legal residence if the absence was 180 days or more and ILR LR will fail and you will lose the fee paid.

[kajis]

Appreciated thanks

2. And as a spouse of British citizen if she gets ILR(LR) can she apply for citizenship straight away Or she has to wait for another 1 year.

Yes, there is no need to wait 1 year if you are British, provided she meets all the requirements to apply based on 3 years residence.

sorry you said based on 3 years? didnt get it

Once she has ILR, an application for citizenship based on being the spouse of a British citizen is based on 3 years residence under Section 6(2) of the British Nationality Act.

1. 7 months is more than 180 days.
2. Yes. Immediately.
Read continuous residence guidance and apply it to ur spouses circumstances.

Appreciated thanks for prompt reply
yes its more than 180 days but there was a medical reason i am not sure that medical will work or not

No it won't. She doesn't have 10 years legal residence if the absence was 180 days or more and ILR LR will fail and you will lose the fee paid.

Thanks great