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ILR after 5 years of marriage or 5 years after getting the first visa

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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Kash234
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Joined: Fri Dec 29, 2017 4:54 pm
Wales

ILR after 5 years of marriage or 5 years after getting the first visa

Post by Kash234 » Fri Dec 29, 2017 5:05 pm

Hi everyone,
I'm just wondering can I apply for ILR after 5 years of the date I got married or do I have to wait till I complete 5 years of my spouse visa? 🤔🤔
I'm on British spouse visa.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: ILR after 5 years of marriage or 5 years after getting the first visa

Post by Casa » Fri Dec 29, 2017 5:14 pm

The date of your marriage is irrelevant. Your spouse settlement visa requires you to complete 5 years (2.5 x 2.5) of residence before qualifying for ILR.

What date did you first enter the UK on your Spouse visa?
(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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Location: UK/Ireland
Ireland

Re: ILR after 5 years of marriage or 5 years after getting the first visa

Post by Obie » Fri Dec 29, 2017 5:15 pm

5 years after you were first granted leave, unless you have a residence card under Surinder Singh route.
Smooth seas do not make skilful sailors

Kash234
Newly Registered
Posts: 2
Joined: Fri Dec 29, 2017 4:54 pm
Wales

Re: ILR after 5 years of marriage or 5 years after getting the first visa

Post by Kash234 » Sat Dec 30, 2017 2:13 am

Well initially I was on a student visa which was in may 2011 but I got married in may 2014 and I was granted leave to remain in September 2014 for 2.5 years after that it was march 2017 which will expire in September 2019. So I'm guessing I will have to wait till September 2019.

vinny
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Re: ILR after 5 years of marriage or 5 years after getting the first visa

Post by vinny » Sat Dec 30, 2017 2:21 am

You may apply for SET(M) from 28 days prior to the 5th anniversary of your initial grant of FLR(M) and before your leave expires.
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