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Switching from 10 year partner route to 5 year one

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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LondonSW
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Switching from 10 year partner route to 5 year one

Post by LondonSW » Fri Jan 13, 2017 4:15 pm

Hello Everyone,

Need some advice please:

Person A entered UK with no visa. Met person B (British Citizen), relationship blossomed, married 2 years later and had children. Met all the criteria, financial, English test, accommodation, proof of living together etc, bar the immigration status. Application for LTR for 30 months under 10-year partner route was successful, still on-going.
What are the chances of varying it to the 5-year route under FLR M? All the circumstances above remain the same, difference is that now there is LTR in place.

Thank you,

Obie
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Re: Switching from 10 year partner route to 5 year one

Post by Obie » Fri Jan 13, 2017 7:08 pm

Prospect of switching and a successful outcome is very good indeed.
Smooth seas do not make skilful sailors

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Casa
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Re: Switching from 10 year partner route to 5 year one

Post by Casa » Fri Jan 13, 2017 7:50 pm

Obie, if the spouse didn't qualify for FLR(M) due to having no valid leave. how will FLR(M) succeed now rather than a continuance on the 10 year FLR(FP) route?

Would appreciate your guidance.
(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.

Obie
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Re: Switching from 10 year partner route to 5 year one

Post by Obie » Fri Jan 13, 2017 7:57 pm

Well in the next renewal they will qualify for the switch, as the barrier that existed previously (No leave) would cease to apply.

Thankfully the rules in existence now differ's from those that existed on the 8-July -2012, which precludes a person on Discretionary leave from switching, unless they first leave the UK. In that period DLR was considered to have been issues outside the rule. But the issue of 30 months is considered to have been issued within the framework of the rules.
Smooth seas do not make skilful sailors

LondonSW
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Re: Switching from 10 year partner route to 5 year one

Post by LondonSW » Fri Jan 13, 2017 8:21 pm

Thank you guys.

Obie - leave running for another 6-7 months, can application to switch be made now or best to wait till then?

kamsi
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Re: Switching from 10 year partner route to 5 year one

Post by kamsi » Sat Jan 14, 2017 11:36 am

Application to switch can be made any time during the validity of your current leave to remain.

LondonSW
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Re: Switching from 10 year partner route to 5 year one

Post by LondonSW » Mon Jan 23, 2017 11:02 pm

kamsi wrote:Application to switch can be made any time during the validity of your current leave to remain.
Thank you Kamsi.

How long did you have to wait for a decision?

kamsi
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Re: Switching from 10 year partner route to 5 year one

Post by kamsi » Tue Jan 24, 2017 1:46 am

LondonSW wrote:
kamsi wrote:Application to switch can be made any time during the validity of your current leave to remain.
Thank you Kamsi.

How long did you have to wait for a decision?[/
quote]

8 weeks

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