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FLR to ILR - ?

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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nirmaa
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Joined: Wed Aug 22, 2012 10:06 am

FLR to ILR - ?

Post by nirmaa » Wed Aug 22, 2012 12:16 pm

My husband has ILR which he got in jan 2012. I came to UK on tier 1 dependent visa. TieR 1 dependent Visa start date was 21 Oct 2010. I came to UK on 2 Dec 2010. I got FLR on 12 Feb 2012.
I would like to know when is the latest date on which I can apply ILR for myself. Thanks

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Aug 22, 2012 1:28 pm

You can apply no earlier than 5 Sept.

nirmaa
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Joined: Wed Aug 22, 2012 10:06 am

Post by nirmaa » Wed Aug 22, 2012 2:42 pm

hi ... please can you help me understand how it is 5 sep ? I thought it was 28 days before I completwe 2 years. I am confused because I am not sure if I should count 2 years from visa start date or the date when I arrived ! thanks

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Aug 22, 2012 3:11 pm

Typo, and I apologise! I should have stated 5 November (28 days prior to Dec 2).

nirmaa
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Posts: 3
Joined: Wed Aug 22, 2012 10:06 am

Post by nirmaa » Sat Aug 25, 2012 11:10 am

HI,

Thanks for your reply. I want to elaborate on my case. Basically, I want to be sure that I cannot apply before 16 Oct ( this is the day I need to go to India for 6 months).

My status has been as below.

Married in 2007
In UK - Feb 2010 to Jun 2010 - Family visitor visa (visa valid till aug 2010)
In India - Jun 2010 to Dec 2010 - Holiday in India
In UK - Dec 2010 to Feb 2012 - Tier 1 dependant ( tier 1 dependant visa valid from Oct 2010)
In UK - Feb 2012 to till now - FLR


Question 2) One of the conditions in SET(M) is that " you have to complete 2 years’ leave to enter or remain as the partner of the person named in your application." Will I be able consider the duration when I was on family visitor visa ? If yes, am I eligible for ILR now ?

Question 3) Also, as per the immigration rule 287.a.i.d (below), since my visa has been Tier 1 - Dependant and then FLR can i conclude from the below rule that since I am married for more than for 2 years, it doesn't mattar whether or not I have completed 2 years in the UK ? i.e am I eligible for ILR ?

“(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; "

Lucapooka
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Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sat Aug 25, 2012 11:58 am

Q1) There is no question 1
Q2) No
Q3) No

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