First spouse issued before 9-July-2012. Can I apply for ILR?

[asadmg]

I had my first UK spouse visa issued prior to 9/July/2012.

At the end of that visa’s validity, I had spent less than the requisite 2 year time period in the UK to apply for ILR.
I therefore applied for further leave to remain in Nov 2013 and was given a 2 and a half year visa.
Since this visaextension was applied for after 9/July/2012, by then the new 5 year ILR rule had been introduced.

My second visa is also coming to its end now and I want to know if I can apply for ILR based on the old 2 year rule, or if I need to apply for further leave to remain and then apply for ILR under the 5 year rule, after completing 5 years’ residency.

As the first spouse visa was issued prior to 9/July/2012, does this mean that the 2 year rule applies despite the visa extension after this date?

[CR001]

Assuming you applied in 2013 from within the UK for your extension then yes, you should be able to apply on the rules in place prior to 9 July 2012.

[asadmg]

Hi, thanks for the quick reply!

Yes I applied for the extension while I was in the UK.

[asadmg]

Assuming you applied in 2013 from within the UK for your extension then yes, you should be able to apply on the rules in place prior to 9 July 2012.

I have checked and the Home Office letter that came with the visa extension says that I can apply for settlement after 5 years residence (essentially 5 year route).

This is despite my FIRST visa to enter the UK having been issued prior to 9/July/2012 (under the 2 year route).

Could this be because the letter is just a standard/generic one that they send out, or does it mean that they have changed the route from 2 to 5 years?

I am getting very conflicting statements from their helpline - called three times and was told that I am on the 5, 2 and 10 year routes in different phone calls!

Thanks very much!

[vinny]

Seems like a mistake on their part.

Unfortunately, I don't think that you may rely on phone conversations.

[asadmg]

Seems like a mistake on their part.

Unfortunately, I don't think that you may rely on phone conversations.

Thanks Vinny, wow crazy stuff you have linked to, especially the saga suffered by cssaini

There seems to have been a mistake in my case then I guess, and the extension visa was granted under the new 5 year rules.

My plan is to apply for the ILR in person. Should I take along a letter which states that the ILR is being sought on the old 2 year rule, based on the original entry clearance having been granted prior to 9/July/2012? I can also take a copy of the Transitional Provisions along.

Based on the questions that you receive on these forums, how likely are they to get funny and refuse based on having applied the wrong rules for the extension? If they do, what options will I have?

Sorry I know these questions are not something that you can answer with certainty, but I would appreciate your take on the situation.

[vinny]

There seems to have been a mistake in my case then I guess, and the extension visa was granted under the new 5 year rules.

My plan is to apply for the ILR in person. Should I take along a letter which states that the ILR is being sought on the old 2 year rule, based on the original entry clearance having been granted prior to 9/July/2012? I can also take a copy of the Transitional Provisions along.

Yes. The letter and transitional provisions may convince them that the previous caseworker made a mistake. It may be unreasonable to penalise you.

[asadmg]

Thanks very much for the reply vinny, and also for linking to other questions on the website - very helpful.

[asadmg]

With your help I have now successfully obtained ILR.
I included a simple covering letter with the following text and no got no hassle at all.
I went for a premium same day appointment so that I could fight my case if they tried to be funny but I think applying by post would have worked as well.

Many thanks!


Covering letter text

I am applying for indefinite leave to remain in the UK as the spouse of my UK settled husband after completing more than the required two years’ probationary period from my entry into the country.

As my first spouse visa was granted prior to 9 July 2012, I am applying on the basis of Transitional Provisions paragraphs 3.1.1 and 3.1.3 being applicable in my case.

A completed SET(M) application form and supporting documents have been submitted along with this letter.

[CR001]

Congratulations. Very pleased it all went well. Thank you for keeping us updated.

[sunymalik]

Well I am in almost similar situation.....I have applied TIER 1 dependent 20th June 2012 but visa approved on 20th july 2012 and I came in UK November 2012.

After few months I did my extension as a TIER 1 dependent in March 2013 and I got 3 years visa so now m i eligble to apply ILR or I need another extension to complete 5 years.

Plz guide