ILR Set(M) eligibility for unmarried partner

[jaziniho]

Hi,

I'm trying to determine whether my unmarried partner is eligible for apply for ILR.

Some background information:

• I am a UK Citizen by birth and have lived here all my life.
• My partner is currently in the UK a visa as my unmarried partner FLR(M) and has been for 2.5 years. This is the visa which is due to expire in the near future.
• Prior to being on FLR(M), my partner was in the UK as a Tier 4 student for approximately 4.5years.
• Within the last 12months my partner has completed a BSc Accounting with Oxford Brookes University (Should meet the requirements for English speaking based on this?)
• We should be in a position to meet any of the financial requirements based on my employment and savings.

Many thanks for any input you have,
Cheers

[jaziniho]

One additional point, there have been no significant breaks in residency in the UK during that period, except holidays / trips to home country in the 2-3week time length each.
Total of no more than 1 month's worth in each year.

[CR001]

On what date did she apply and was she granted the FLR(M) unmarried partner visa?

By saying validity for 2.5 years, it is likely she is under the new rules which require 5 years of residence before being eligible for ILR, which means she will have to apply for an extension on FLR(M), meeting all the same requirements again and she has to pay the immigration health surcharge as well which is £500 for the next 2.5 year visa (visa fee is in addition to the surcharge).

Her degree from a UK university will satisfy the English requirement.

Financial requirement is £18,600pa and joint income can be used. Depends on your income and savings level whether the combination can be used.

Evidence of 2 years cohabitation documents also required from 6 spread evenly in joint names or 12 spread evenly in individually names.

Absences are fine, nothing to worry about.

[jaziniho]

Thanks for the quick reply.

FLR(M) visa was issued on 04-04-2013.

From what you've said, do I understand correctly that the Tier4 visa time period does not count towards the requirements for ILR in this case?

[CR001]

Tier 4 visas do not lead to ILR, so no, she cannot use a combination of the Tier 4 and FLR(M) time to make up the 5 years.

Tier 4 can ONLY be included in applications for ILR based on 10 years long residence.