ILR period - calculation (does visa waiting period count?)

[amilyc]

Hi all,

I've been doing a lot of research on this forum (and the internet) before posting this question. However, I'm getting conflicted information. I'm currently in my 4th year of spouse visa, so I am due to apply for my ILR next year in July. However, my husband has a couple of opportunities to work abroad. Hence, the question I have:

Can I still apply for a ILR next year (2018) if my husband is working abroad? And I work here in the UK.

I have a permanent, full-time job
I earn much more than the minimum financial requirement
My husband and I own a flat in London
We will be flying frequently to visit each other (when we have the days off)

Our intention is to settle in UK, but the present opportunities to work abroad is too good for my husband to pass.

Is there any official number I can call to clarify whether or not this is possible? There's so much information out there, but everyone seems to have a different experience...

Any advice will be appreciated

[zimba]

You need to submit cohabitation documents for the last two years. If you are not cohabiting, then there is no basis on which you can get ILR as PBS dependat

[CR001]

You need to submit cohabitation documents for the last two years. If you are not cohabiting, then there is no basis on which you can get ILR as PBS dependat

Think the OP is on a spouse settlement visa.

That aside though, if the partner is ILR holder or British, the requirement for the OP to have a valid visa is that they are both present and settled in the UK.

[amilyc]

Thank you both

[amilyc]

Hi there,

I'm currently on my 2nd spouse visa and I'm close to completing my 5 year stay in the UK.
So, between my first spouse visa and 2nd spouse visa (FLR(M)) there's a gap of 2 months as that was the amount of time when I was waiting for my second spouse visa to be approved. Does this 2 months gap count towards my 5 year route? Or do I need to minus the 2 months of wait time when I was without a visa?

Timeline as follow:

20/06/2013 – 20/12/2015 – 1st FLR (M) visa expires
03/02/2016 – 07/08/2018 – 2nd FLR(M) visa expires

20/06/2013 – 19/06/2014 Year 1 (1st FLR (M) visa)
20/06/2014 – 19/06/2015 Year 2 (1st FLR (M) visa)
20/06/2015 – 19/06/2016 Year 3 (1st FLR (M) visa, got my 2nd FLR (M) visa approved on the 03/02/2016)
20/06/2016 – 19/06/2017 Year 4 (2nd FLR (M) visa)
20/06/2017 – 19/06/2018 Year 5 (2nd FLR (M) visa)

(07/08/2018 - 2nd FLR(M) expires)

If I can count the two months waiting period between the 1st and 2nd visa as part the 5 year duration, the earliest I can apply for ILR is 20th June 2018 right?

Many thanks!

AC

[CR001]

Time waiting for visa processing is counted, provided you applied for the extension before the previous visa expired.

[CR001]

Kindly keep ALL your questions on the same application in one topic (this one). Topics merged