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10 year ILR 1 year on spouse (british)

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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a85yousaf
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10 year ILR 1 year on spouse (british)

Post by a85yousaf » Tue Feb 14, 2017 11:05 pm

Hi
This platform has been so helpful in past for me .my question is simple let me explain my immigration history first
4 years student
2 years psw
3 years entrepreneur
1 years 2 months on uk spouse visa
I have no visa gaps .
My question is will there be any problem if i apply for 10 years long residency .i have heard that once you get spouse visa your past time spent in uk become zero but i cant find any reference to it my wife is british all i can found is if you are eu national spouse that would not count in your 10 years but cant find anythig related to a british citizen.should i go ahead .any suggestion would be great
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Obie
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Re: 10 year ILR 1 year on spouse (british)

Post by Obie » Tue Feb 14, 2017 11:10 pm

That is not correct. Time spent as spouse can count toward long residence.
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a85yousaf
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Re: 10 year ILR 1 year on spouse (british)

Post by a85yousaf » Tue Feb 14, 2017 11:16 pm

Thank you for reply and i totally agree with you because i can not find anything that tells time as a spouse doent count in 10 years specially if ur a spouse of a british national .just needed some expert opinion or anyone in similar situation because i am ready to apply for ilr just dont wana waste money .

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Casa
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Re: 10 year ILR 1 year on spouse (british)

Post by Casa » Wed Feb 15, 2017 12:33 am

Take Obie's advice.
(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.

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CR001
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Re: 10 year ILR 1 year on spouse (british)

Post by CR001 » Wed Feb 15, 2017 9:32 am

a85yousaf wrote:Thank you for reply and i totally agree with you because i can not find anything that tells time as a spouse doent count in 10 years specially if ur a spouse of a british national .just needed some expert opinion or anyone in similar situation because i am ready to apply for ilr just dont wana waste money .
ANY legal visa status counts towards ILR based on long residence.

I believe you are getting confused where a switch to a spouse visa from PBS dep will reset the ILR clock for application based on 5 years residence, a someone on a spouse visa will need 5 years on FLR(M) to qualify for ILR on 5 years 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.

a85yousaf
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Re: 10 year ILR 1 year on spouse (british)

Post by a85yousaf » Wed Feb 15, 2017 6:33 pm

Thank you all for your replies it all makes sense now .
I will book an appointment asap
Thank you again for clearing my doubts much appreciated ..

nal1234
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Re: 10 year ILR 1 year on spouse (british)

Post by nal1234 » Sun Jun 04, 2017 12:43 pm

Dear a85yousaf,

I'm also planning to apply for my ILR in a couple of months and I have the same situation as you.

1 Year student
2 years PSW
2.5 years Tier 1 General
4.5 years Spouse Visa (British Spouse not EU)

I'm thinking whether to apply for ILR under long residence (10 years) route or the spouse visa (5 years) route. If I'm to go in the long residence route I can apply for ILR now where as if I chose spouse visa route I have to wait for another 6 months and all the evidence, paper work etc so I'm inclined to the 10 year long residence route as it's much simpler and less paper work etc.

The only doubt I have is if British spouse visa is counted towards 10 year long residence. The government website is not clear about it. If it's EU spouse visa I understand that it's not counted as it's not under UK immigration law but since I have British spouse visa under British Immigration act I think it counts.

Have you applied for your visa through long residence route and if so how did it go?

Thanks

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CR001
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Re: 10 year ILR 1 year on spouse (british)

Post by CR001 » Sun Jun 04, 2017 3:21 pm

nal1234 wrote:Dear a85yousaf,

I'm also planning to apply for my ILR in a couple of months and I have the same situation as you.

1 Year student
2 years PSW
2.5 years Tier 1 General
4.5 years Spouse Visa (British Spouse not EU)

I'm thinking whether to apply for ILR under long residence (10 years) route or the spouse visa (5 years) route. If I'm to go in the long residence route I can apply for ILR now where as if I chose spouse visa route I have to wait for another 6 months and all the evidence, paper work etc so I'm inclined to the 10 year long residence route as it's much simpler and less paper work etc.

The only doubt I have is if British spouse visa is counted towards 10 year long residence. The government website is not clear about it. If it's EU spouse visa I understand that it's not counted as it's not under UK immigration law but since I have British spouse visa under British Immigration act I think it counts.

Have you applied for your visa through long residence route and if so how did it go?

Thanks
Spouse visa is counted.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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