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Eligibility for ilr

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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javb
Newly Registered
Posts: 14
Joined: Thu Mar 21, 2013 4:33 pm

Eligibility for ilr

Post by javb » Thu Aug 30, 2018 10:41 am

Hi
I have got the first UK visa on 21/6/11 and arrived in the UK on 26/7/11, category Tier1 post-study Partner
Then from 11/5/13, I got a tier1 entrepreneur partner visa
Then From 16/4/16, I got a spouse visa as my husband got British citizenship that will expire on 13/11/18
Now some people say that I can apply for ilr as my husband is British and I'm in the UK for more than 5 years and if I check the eligibility criteria on ukba website https://www.gov.uk/settle-in-the-uk questionnaire, it says yes I can apply and the following Eligibility message comes up
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

Now if somebody can guide me if I can apply for indefinite leave to remain?
if yes then which category?
Please if some experienced members can reply and advise on this would be nice.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Eligibility for ilr

Post by cyclina1 » Thu Aug 30, 2018 11:31 am

javb wrote:
Thu Aug 30, 2018 10:41 am
Hi
I have got the first UK visa on 21/6/11 and arrived in the UK on 26/7/11, category Tier1 post-study Partner
Then from 11/5/13, I got a tier1 entrepreneur partner visa
Then From 16/4/16, I got a spouse visa as my husband got British citizenship that will expire on 13/11/18
Now some people say that I can apply for ilr as my husband is British and I'm in the UK for more than 5 years and if I check the eligibility criteria on ukba website https://www.gov.uk/settle-in-the-uk questionnaire, it says yes I can apply and the following Eligibility message comes up
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

Now if somebody can guide me if I can apply for indefinite leave to remain?
Not now because you just started your spouse visa in 2016. you need 5 years from 2016 to be eligible to apply ILR, which is 2021. You can also do by 10-year long residence, if you count from your first entry into the UK.

if yes then which category? SET(M). or SET(LR) in 2021.

Please if some experienced members can reply and advise on this would be nice.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

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cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: Eligibility for ilr

Post by cyclina1 » Thu Aug 30, 2018 11:34 am

If you renew your dependent visa as Tier 1 dependent, you can apply now. Unfortunately you switched your visa to spouse visa in 2016.

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

javb
Newly Registered
Posts: 14
Joined: Thu Mar 21, 2013 4:33 pm

Re: Eligibility for ilr

Post by javb » Thu Aug 30, 2018 2:14 pm

Thanks for the reply, is there any other suggestion?

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Eligibility for ilr

Post by Casa » Thu Aug 30, 2018 7:32 pm

javb wrote:
Thu Aug 30, 2018 2:14 pm
Thanks for the reply, is there any other suggestion?
2021 is correct.
(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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