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Enquiry regarding ILR application 5 year route

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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appy1
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Enquiry regarding ILR application 5 year route

Post by appy1 » Thu Nov 26, 2020 3:42 pm

Hi All,

I have got the following two queries regarding applying for ILR:

I got my tier 2 dependent visa in Feb 2015. My husband's visa status changed from tier 2 to ILR so later in Dec 2015 I got ILR dependent visa. Then the extension of the same visa in Oct 2018 which is about to expire in March 2021.
My question is following a 5-year route to apply ILR, am I eligible to apply now for ILR or do I have to wait till my visa finishes?

Secondly, my husband just got his naturalisation application approved and waiting for his ceremony. Should I apply as a partner of British citizen or as a partner of a settled person (ILR)?

Thanks in advance.
Appy

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seagul
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Re: Enquiry regarding ILR application 5 year route

Post by seagul » Thu Nov 26, 2020 3:52 pm

appy1 wrote:
Thu Nov 26, 2020 3:42 pm
Hi All,

I have got the following two queries regarding applying for ILR:

I got my tier 2 dependent visa in Feb 2015. My husband's visa status changed from tier 2 to ILR so later in Dec 2015 I got ILR dependent visa. Then the extension of the same visa in Oct 2018 which is about to expire in March 2021.
My question is following a 5-year route to apply ILR, am I eligible to apply now for ILR or do I have to wait till my visa finishes?

Secondly, my husband just got his naturalisation application approved and waiting for his ceremony. Should I apply as a partner of British citizen or as a partner of a settled person (ILR)?

Thanks in advance.
Appy
You can apply your ILR after completing 5 years minus 28 days from the date of visa issuance and probably you are already eligible for it. You don't need to change into partner visa upon his naturalization rather use the ILR route.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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seagul
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Re: Enquiry regarding ILR application 5 year route

Post by seagul » Thu Nov 26, 2020 4:22 pm

All above was said by assuming that you have been holding FLRM visa who under 5 years of partner route is completing the qualifying period. Also remember the ILR application (set m) under that route is same where whether the person hold ILR or Citizenship, doesn't matter.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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CULLINAN
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Re: Enquiry regarding ILR application 5 year route

Post by CULLINAN » Thu Nov 26, 2020 4:33 pm

appy1 wrote:
Thu Nov 26, 2020 3:42 pm
Hi All,

I have got the following two queries regarding applying for ILR:

I got my tier 2 dependent visa in Feb 2015. My husband's visa status changed from tier 2 to ILR so later in Dec 2015 I got ILR dependent visa. Then the extension of the same visa in Oct 2018 which is about to expire in March 2021.
My question is following a 5-year route to apply ILR, am I eligible to apply now for ILR or do I have to wait till my visa finishes?

Secondly, my husband just got his naturalisation application approved and waiting for his ceremony. Should I apply as a partner of British citizen or as a partner of a settled person (ILR)?

Thanks in advance.
Appy
How did you husband get ILR? Via the Tier 2 route or LR? Which visa do you have now?
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

appy1
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Re: Enquiry regarding ILR application 5 year route

Post by appy1 » Thu Nov 26, 2020 7:38 pm

seagul wrote:
Thu Nov 26, 2020 4:22 pm
All above was said by assuming that you have been holding FLRM visa who under 5 years of partner route is completing the qualifying period. Also remember the ILR application (set m) under that route is same where whether the person hold ILR or Citizenship, doesn't matter.
Hi Seagul, thanks for your response.
I will apply through the ILR route.
In my application, should I put my husband's status as a British citizen or settled person?
Thanks again

appy1
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Joined: Thu Nov 26, 2020 3:30 pm
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Re: Enquiry regarding ILR application 5 year route

Post by appy1 » Thu Nov 26, 2020 7:40 pm

CULLINAN wrote:
Thu Nov 26, 2020 4:33 pm
appy1 wrote:
Thu Nov 26, 2020 3:42 pm
Hi All,

I have got the following two queries regarding applying for ILR:

I got my tier 2 dependent visa in Feb 2015. My husband's visa status changed from tier 2 to ILR so later in Dec 2015 I got ILR dependent visa. Then the extension of the same visa in Oct 2018 which is about to expire in March 2021.
My question is following a 5-year route to apply ILR, am I eligible to apply now for ILR or do I have to wait till my visa finishes?

Secondly, my husband just got his naturalisation application approved and waiting for his ceremony. Should I apply as a partner of British citizen or as a partner of a settled person (ILR)?

Thanks in advance.
Appy
How did you husband get ILR? Via the Tier 2 route or LR? Which visa do you have now?

Hi Cullinan,
my husband got ILR via 10-year route but now he got naturalisation.
Thanks

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CR001
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Re: Enquiry regarding ILR application 5 year route

Post by CR001 » Thu Nov 26, 2020 7:43 pm

Your husband is NOT British untill after he attends his ceremony. Until then he is an ilr holder, ie settled.
Char (CR001 not Casa)
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seagul
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Re: Enquiry regarding ILR application 5 year route

Post by seagul » Thu Nov 26, 2020 7:52 pm

appy1 wrote:
Thu Nov 26, 2020 7:38 pm
seagul wrote:
Thu Nov 26, 2020 4:22 pm
All above was said by assuming that you have been holding FLRM visa who under 5 years of partner route is completing the qualifying period. Also remember the ILR application (set m) under that route is same where whether the person hold ILR or Citizenship, doesn't matter.
Hi Seagul, thanks for your response.
I will apply through the ILR route.
In my application, should I put my husband's status as a British citizen or settled person?
Thanks again
Settled person same as Croo1 has just said. You will have to use the SET M and supply almost the same documents as you had provided during your extension except B1 & LIUK. You still haven't confirmed clearly the type of visa you are holding which most likely be FLRM.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

appy1
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Posts: 7
Joined: Thu Nov 26, 2020 3:30 pm
India

Re: Enquiry regarding ILR application 5 year route

Post by appy1 » Thu Nov 26, 2020 8:04 pm

seagul wrote:
Thu Nov 26, 2020 7:52 pm
appy1 wrote:
Thu Nov 26, 2020 7:38 pm
seagul wrote:
Thu Nov 26, 2020 4:22 pm
All above was said by assuming that you have been holding FLRM visa who under 5 years of partner route is completing the qualifying period. Also remember the ILR application (set m) under that route is same where whether the person hold ILR or Citizenship, doesn't matter.
Hi Seagul, thanks for your response.
I will apply through the ILR route.
In my application, should I put my husband's status as a British citizen or settled person?
Thanks again
Settled person same as Croo1 has just said. You will have to use the SET M and supply almost the same documents as you had provided during your extension except B1 & LIUK. You still haven't confirmed clearly the type of visa you are holding which most likely be FLRM.
Yes, I am holding FLRM visa, as I said earlier in my query -"... the extension of the same visa in Oct 2018 which is about to expire in March 2021."

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CR001
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Re: Enquiry regarding ILR application 5 year route

Post by CR001 » Thu Nov 26, 2020 8:06 pm

You can apply for ilr no sooner than within 28 days before the 5th anniversary if the date that your first flr m visa is valid from, ie 60 months minus 28 days.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

appy1
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Joined: Thu Nov 26, 2020 3:30 pm
India

Re: Enquiry regarding ILR application 5 year route

Post by appy1 » Thu Nov 26, 2020 8:08 pm

CR001 wrote:
Thu Nov 26, 2020 7:43 pm
Your husband is NOT British untill after he attends his ceremony. Until then he is an ilr holder, ie settled.
Thanks, I understand your point.

appy1
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Re: Enquiry regarding ILR application 5 year route

Post by appy1 » Thu Nov 26, 2020 8:10 pm

CR001 wrote:
Thu Nov 26, 2020 8:06 pm
You can apply for ilr no sooner than within 28 days before the 5th anniversary if the date that your first flr m visa is valid from, ie 60 months minus 28 days.
Ahhh, you cleared my biggest doubt.

Thank you so much

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