ILR - Spousal Visa

[SamyW]

Hello All,

Appreciate your input on this please.

My wife has been a permanent resident with a BRP card for the past 5 years, expiring in January 2024. She relocated to the UK under the spousal visa as I am a British citizen.

Now the issue, we do not have a letter from the home office or any correspondence to check if she is on 5 year or 10 year route before applying for Indefinite Leave to Remain. Is there any way to check this somehow or should I go ahead and apply for ILR. And will they be refunding the fees if the application gets rejected due to her being possibly on a 10 year route?

Many Thanks.

[meself2]

And how did you extend her visa, what form did you use? If you have a decision letter, you should be able to see under what paragraphs leave is granted.

[SamyW]

Thank you for replying.

I applied for family visa extension through the gov website (https://www.gov.uk/uk-family-visa/partner-spouse).

Unfortunately I do not have the decision letter.

Thank you

[CR001]

It's the 5 year route.

The 10 year route would be a 2 to 3 page decision email or letter so you would know.

You probably got an email of the last visa extension approval and may have missed it or it went to junkmail.

[SamyW]

Thanks again for the reply and the pointer about the email.
I have found the email, please see below. But it doesnt mention what route it is:

Your application under the Partner (FLR M) route of the Immigration Rules has been successful.
You have been granted permission to stay in the UK until 25 Jan 2024

This notice sets out all of the conditions of your permission to stay in the UK so please read it carefully.

You will receive your Biometric Residence Permit (BRP) by courier within 7 working days.

You will need to prove your identity and sign for the BRP when it is delivered to you. If you do not receive your BRP within 10 working days, please visit https://www.gov.uk/biometric-residence- ... ot-arrived.

If you already have a BRP you must now return it to the Home Office as it is no longer valid. Cut the card in half and post it in a plain, windowless envelope and send it to: BRP Returns, P.O. Box 195, Bristol, BS20 1BT. You may be subject to a financial penalty of up to £1,000 if you fail to return your old BRP.

If your BRP is lost, stolen or damaged you must tell the Home Office. Details about reporting lost, stolen or damaged BRPs are on our website at: https://www.gov.uk/biometric-residence- ... en-damaged.

Your BRP is an important document and you should look after it carefully. It is proof of your right to stay, work or study in the UK and may be used as a form of identification (for example, when setting up a bank account). In addition to your BRP, you can also use the online ‘prove your right to work to an employer’ service to show an employer that you have a right to work; simply go to www.gov.uk/prove-right-to-work.

Your Conditions
The following are all the conditions of your permission to stay.

Study conditions
You can study in the UK, subject to the condition regarding the Academic Technology Approval Scheme (ATAS) as set out in the Immigration Rules. For guidance on whether you need to obtain an ATAS clearance certificate for your intended course of study, check https://www.gov.uk/guidance/academic-te ... val-scheme

Work conditions
You can work in the UK, including paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self-employment and engaging in business or any professional activity.

Public funds condition
You cannot claim public funds.

Note on conditions
Failure to comply with the conditions of your permission is a criminal offence and may also lead to your permission being cancelled and future applications being refused.

Additional information
Travelling out of the UK
You should not book travel outside of the UK until you receive your BRP. Doing so may mean that you fail to receive your BRP and that puts you at risk of being unable to prove that you have permission to stay in the UK and being refused re-entry.

Immigration Health Charge
If you have been granted a shorter period of permission than you applied for, some of your immigration health charge payment may be refunded. For further information on refunds of the immigration health charge, please visit https://www.gov.uk/healthcare-immigrati ... on/refunds

If there is an error on your BRP
If you think something is wrong on your BRP, such as your name, sex, or it was damaged when you received it, you should let us know.

You only have 10 days from the date of receiving your BRP to let us know about an error. Otherwise you may have to apply and pay for a replacement.

Information on how to let us know can be found at: https://www.gov.uk/biometric-residence- ... rt-problem

If your information or circumstances change
If your information or circumstances change you may need to tell us. You can find out what changes you should tell us about and how to do so at: https://www.gov.uk/change-circumstances-visa-brp

Your personal information
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

[Casa]

Thanks again for the reply and the pointer about the email.
I have found the email, please see below. But it doesnt mention what route it is:

Your application under the Partner (FLR M) route of the Immigration Rules has been successful.
You have been granted permission to stay in the UK until 25 Jan 2024

FLR(M) = 5 year route to settlement.

[SamyW]

Thank you Casa. You cannot imagine how appreciative I am for everyone's input.