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ILR confusion

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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Lilylotus
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Joined: Wed Jun 21, 2017 6:07 pm

ILR confusion

Post by Lilylotus » Wed Jun 21, 2017 6:17 pm

Hello i would like to apply Indefinite Leave to Remain for my wife and couldn't find answers for my questions on Home Office website. I would be grateful if you could guide me in right direction.

I understand that a person can apply for for ILR - 2year route if that person applied as a partner before 9 July 2012. My wife did apply as a partner before this cut off date in the past but the latest visa which she is on at the moment is issued after this cut off date as there were breaks in her stay in the U.K. I wonder if she is eligible to apply through 2 year route. Please find more details below.

My status

I came to the UK in 2002. I was granted Indefinite Leave through HSMP scheme in 2009. In 2010, I became naturalised British Citizen.

My wife's status

1. My wife came to the UK in March 2003 on C-Visit-PLAB test visa.

2. In August 2003, she was granted Leave to remain for 6 months as a dependent on me.

3. In January 2004, she was granted Leave to remain for 1 year as a dependent on me.

4. In March 2005, she was granted Leave to remain until August 2005 as a dependent on me.

5. In August 2005, she was granted Leave to remain for a year as a dependent on me while I was on HSMP visa

6. In July 2006, she was granted Leave to remain for 4 years as a dependent on me while I was on HSMP visa.

7. Then we lived in India for a few years. She returned to the UK in January 2015 as a spouse of British Citizen visa which is valid until September 2017.


As you can see that she had dependent visa before 9 July 2012 and lived in the U.K. more than 5 years in total but with breaks in between, I wonder if she can apply for ILR through 2 year route or any other route. If you are unable to advise me then could you tell me whom can I contact to get more information.please do reply thanks in advance

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CR001
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Re: ILR confusion

Post by CR001 » Wed Jun 21, 2017 6:30 pm

She needs 5 years on her current spouse visa before she will qualify for ILR.
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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