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Eligible for 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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priyav
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Joined: Wed Nov 16, 2016 11:20 am

Eligible for ILR?

Post by priyav » Wed Nov 16, 2016 12:27 pm

Hi All,

Need a help with eligibility criteria for ILR.

Entered UK on 16th December 2011 in possession of visa as Tier 1 (General) Partner of the sponsor, valid from 10 November 2011 until 16 May 2013.

On 25th April 2013, husband was granted ILR.

On 9th May 2013, applied for further leave to remain in UK (using FLR(M) ) as the spouse of the sponsor who was present and settled in UK.

Refused Visa on 31st May 2013 for not providing the evidence in respect of English language proficiency, as required in paragraph E-LTRP .4.1 of Appendix FM of HC 395. Have submitted Bachelor's degree certificate from India. But failed to provide a letter from UK NARIC.

Appealed against the decision under section 82(1) of the Nationality, Immigration and Asylum Act 2002 claiming that I have provided the appropriate evidence required under the Immigration Rules

The Appeal having been conceded on 25th February 2014 stating "no fault on her part as the appropriate evidence was not submitted with the application was not in accordance with the law and the applicable Immigration Rules"
Hence the appeal is allowed.
In the mean time, I got the NARIC letters and submitted that as well during the appeal.

Visa granted for a period of 30 months from 28/08/ 2014 to 28/02/2017 under five year partner route

1) Entered UK on 16th December 2011 as a partner . Will the old rule before 9th July 2012 applicable in my case. Am I eligible for ILR in Feb 2017? or should I apply for one more extension?
2) No visa between 16th May 2013 and 28th August 2014. But the case was in the court in that period and hence I stayed legally. Will it affect in any case?

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