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ILR 5 year route: Partner + Tier 2

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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loperaja
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Joined: Mon Jun 03, 2013 10:42 am

ILR 5 year route: Partner + Tier 2

Post by loperaja » Wed Jun 15, 2016 5:30 pm

Hi everyone. I have a question regarding to my eligibility to ILR and this site seems to be a good place to get good information.
I'm currently married to a British citizen and have my partner leave to remain on a 5 year route. Before getting married I had already been living here for 2 years with a tier 2 visa.I never left the country, just switched visas once I got married. My question is:
The 2 years I lived here with a tier 2 visa would count to the 5 years to be eligible for ILR?

Hope anyone can help me and thanks in advance

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CR001
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Re: ILR 5 year route: Partner + Tier 2

Post by CR001 » Wed Jun 15, 2016 5:34 pm

The 2 years I lived here with a tier 2 visa would count to the 5 years to be eligible for ILR?
No it does not. You need 5 years on Tier 2 OR 5 years on Spouse visa. You cannot combine time from different visa categories to make up 5 years.

Combining different visas can only be used for ILR based on 10 years long residence.
Char (CR001 not Casa)
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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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Casa
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Re: ILR 5 year route: Partner + Tier 2

Post by Casa » Wed Jun 15, 2016 5:35 pm

Unfortunately not. Your immigration clock was reset to zero when your switched to a spouse visa. It will count towards British citizenship.

Edit: Pipped at the post by CR001 :roll:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

loperaja
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Posts: 17
Joined: Mon Jun 03, 2013 10:42 am

Re: ILR 5 year route: Partner + Tier 2

Post by loperaja » Thu Jun 16, 2016 8:55 pm

Oh Man that sucks! Thanks a lot for the reply, guess they don't want us here. Crazy to think I've been living here for 5 years if I count my time as a student and paying taxes as a worker for nearly 4. The most annoying thing are the absurd fees we need to pay to get a bloody visa, especially now with that NHS fee.
Thanks again!

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