Visa expiring 2 months short of 60 months. should I try for ILR anyway?

[Edwin111]

Hello,

I hoping to get some advice to help decide whether I should apply to extend my Spouse visa or apply for Indefinite Leave to remain. Here is my background information.

I entered the country on a youth mobilty Visa on 1/Oct/2011
Switched to a Spouse visa 8/Aug/2013
I renewed the Spouse visa 23/Oct/2015
It is due to expire 21/May/2018

Out of my own ignorance, I applied to renew my spouse visa a couple months earlier than I was supposed to Oct/2015, and now I am a couple months short of being on the Spouse visa for 60 months when my current visa expires. However, I have been a resident in the country longer than 60 months with the time of the combined visas.

Here are my Questions:

1) If I apply for ILR, how likely is it that it would be granted?
2) If I apply for ILR and it gets refused. What would happen then?
3) If I extend again, Could I apply for ILR just a few months later in august rather than waiting for the expiry date again?

What would you advise?

Thank you

- Ed

[CR001]

1) If I apply for ILR, how likely is it that it would be granted?

Unlikely as you don't meet the requirements.

2) If I apply for ILR and it gets refused. What would happen then?

If you apply by post and your current visa has expired, you would have 14 days to either apply for Admin Review if you believe HO made an error, or perhaps make another application. HO might also issue a FLR(FP) visa 10 year route to ILR, which will complicate things.

3) If I extend again, Could I apply for ILR just a few months later in august rather than waiting for the expiry date again?

Yes, you can apply for ILR at any point once you meet the requirements.

What would you advise?

Apply for an extension is the simplest way.

However, I have been a resident in the country longer than 60 months with the time of the combined visas.

You cannot use the visa combinations for ILR under 5 years route unfortunately.