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ILR Eligibility Query ‘partner of a settled person’ visa

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

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custardtart
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ILR Eligibility Query ‘partner of a settled person’ visa

Post by custardtart » Tue Jan 17, 2017 5:20 pm

Hi,

I have searched the forum but I cannot find the answer.

I am a British citizen and prior to being on a spouse visa my wife was on an unmarried partner visa for one year before switching to a married partner visa.

Does the time she spent on the unmarried partner visa count towards the 5 year eligibility criteria for ILR?

The eligibility criteria states the following:

"You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012"

However I can't find whether or not the "unmarried partner" visa is classed as a "partner of a settle person" visa.

Any help/guidance would be much appreciated particularly if it can be confirmed on the gov.uk website.

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CR001
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Re: ILR Eligibility Query ‘partner of a settled person’ visa

Post by CR001 » Tue Jan 17, 2017 5:24 pm

If she came on a settlement visa as an unmarried partner (VAF4A application form), there was no need to 'change' visas once married, it is the same visa category whether unmarried or married.

Assuming she applied on FLR(M) for the spouse visa???

List her details of each visa, i.e.

UPV - start date and expiry date
Spouse visa - start date and expiry date

What date did she enter the UK?
Char (CR001 not Casa)
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custardtart
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Re: ILR Eligibility Query ‘partner of a settled person’ visa

Post by custardtart » Tue Jan 17, 2017 5:32 pm

Hi,

Thank you for your quick response.

Prior to being on a UPV she was on a Post Study Work Visa and prior to that a student visa. She first entered the UK in September 2007 as a student.

I do not have exact dates for the partner visas, however approx.:

UPV Start July 2012 End date: July 2013 (1 year)

1st Spouse Visa: Start Date: July 2013 End Date: Jan 2016 (2.5 years)

2nd Spuse Visa Start Date: Jan 2016 End Date July 2018 (2.5 years)

All applied for on FLR(M)

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CR001
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Re: ILR Eligibility Query ‘partner of a settled person’ visa

Post by CR001 » Tue Jan 17, 2017 7:20 pm

UPV and Spouse visa are exactly the same category.

However, she can also apply for ILR based on 10 years long residence shortly before she reaches 10 years residence, i.e. within 28 days before this anniversary. This ILR route requires substantially less documentation.
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