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ILR application after completing 5yr spouse visa

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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Sonic74
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ILR application after completing 5yr spouse visa

Post by Sonic74 » Tue Aug 27, 2024 5:56 pm

Hi everyone
My wife will be eligible to apply for ILR at the end of this month after completing 5yr spouse visa.
We have a number of period spent out of the UK over this 5yr period (Covid, family illness).
As absence rules don’t apply when on a spouse visa, what are the rules when applying for ILR after completing the 5yr spouse route in terms of absence, are they not applicable in the application assessment? We’ve read conflicting things, whereby some say absence permitted or not are not relevant for ILR when completing spouse visa? Other say yes it’s 180 day per 12 month period?
Any help appreciated

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CR001
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Re: ILR application after completing 5yr spouse visa

Post by CR001 » Tue Aug 27, 2024 6:18 pm

There is no absence limit!

The 180 says is for a totally different visa category with different rules.
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Sonic74
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Re: ILR application after completing 5yr spouse visa

Post by Sonic74 » Tue Aug 27, 2024 7:14 pm

Thank you. To be sure I understand correctly when we apply ILR post 5yr spouse visa route it’s just the authenticity of the relationship, financial criteria excluding periods of absences? hence it’s 90% probability that ILR will be granted as long the 5yr spouse visa is complete, financial criteria met and authenticity of relationship is proved.

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CR001
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Re: ILR application after completing 5yr spouse visa

Post by CR001 » Tue Aug 27, 2024 7:17 pm

To be sure I understand correctly when we apply ILR post 5yr spouse visa route it’s just the authenticity of the relationship, financial criteria excluding periods of absences?

Correct, plus B1 English and to prove relationship, you need two years evidence in both your names (jointly or addressed individually) from 3 to 6 different sources, spread evenly for every 3 to 4 months, proving cohabitation.
hence it’s 90% probability that ILR will be granted as long the 5yr spouse visa is complete, financial criteria met and authenticity of relationship is proved.
Nothing is guaranteed, but yes, in theory, if ALL requirements are met then ILR will be successful.
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.

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