10 year compassionate leave to 5 year spouse visa query

[PenelopeFB]

Hello all,

I’ve been a silent watcher for quite some time now and I have realised that this is the site to go to if you’re not sure, as there are so many knowledgable folks around here I hope someone can help me with this question. As the title reads, I’m a little confused on when is the soonest I might be able to apply for ILR. In a quick few sentences, I’ll fill you in.
I’m from America. My husband is English (born and bred) we have two children together. Our sons already have dual citizenship (lucky!)
I was here in 2012, when we got married (fiancé visa) but we decided to go over to US so that my husband could have a better idea of where we want to raise our kids, so we left in 2014. We received news that his mother was very very ill, so we came back. March 2017, we arrived and I was granted leave to remain on grounds of compassion. I am told that I am now on a 10 year visa route, having to reapply April of 2020. And then keep applying until I’ve been here for 10 years, AND THEN I can apply for citizenship.. or take my life in the uk test. My question is, are there any ways around it? 10 years seems like an awfully long time. Not trying to evade the law! I’m definitely a law abiding woman. I don’t need an strikes against me but I’m curious. Could I still apply for ILR after 5 years? Anyone have any experience with this? Thank you very much in advance.

[CR001]

You would need to switch to the 5 year route on FLR(M) if you meet all the requirements and then wait 2 x 2.5 years on FLR(M) before you apply for ILR. You need ILR before you can apply for citizenship. You need life in the UK test for both ILR and citizenship.

[PenelopeFB]

You would need to switch to the 5 year route on FLR(M) if you meet all the requirements and then wait 2 x 2.5 years on FLR(M) before you apply for ILR. You need ILR before you can apply for citizenship. You need life in the UK test for both ILR and citizenship.

Thank you for this, CR001. So I would wait until 2020 and then apply for FLR, and then at the end of that term (approx 2022) I would apply for ILR? As I would have been in the country for 5 years by then? I think I got lost around there. I know I need ILR before citizenship can even be considered, but I’m a little unclear on the test. That’s taken twice??

[CR001]

You can switch to the FLR(M) 5 year route at any time if you meet the requirements, even now.

You need 5 years on FLR(M) not including the time you have already been here on your current visa as your current visa falls under different rules to the FLR(M) spouse visa.

[PenelopeFB]

Perfect, thank you very much!

[PenelopeFB]

Hello all,
I have researched this for a few days but unable to find anything that answers this question specifically. Does anyone know if switching from a 10 year Compassionate Leave (discretionary leave?) will start the clock all over again if I switch to 5 year Spouse? We applied for 5 year but they granted us Compassionate on account of my husband hadn’t been with the company for 6 months at the time we intially applied, so I guess that’s what they defaulted to? This began last October. 10 years is a long time and we were hoping to switch to a shorter route now that he has been at the company for a year and a half. Will the time I’ve already been here count towards the new Visa or will the 5 year begin at the time of receiving my new BRP/ approval letter? Thank you very much in advance for your help.

[CR001]

As already advised when you asked the same question in June, you need 5 years on FLR(M) spouse visa to qualify for ILR.

[PenelopeFB]

Well, that came across a little sassy.

Thank you, anyway. I was having trouble finding the old thread as this site is a little complex to navigate. I read something misleading and became unsure if what I thought was correct was actually correct. Thank you for the link. Have a nice day.