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ILR via FLR(M) 5 Year route: does the 180 day rule apply?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Bucko
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ILR via FLR(M) 5 Year route: does the 180 day rule apply?

Post by Bucko » Tue Feb 18, 2020 10:32 am

I'm about to apply for ILR after finishing two FLR (M) visas as the partner of a British Citizen. I have, however been out of the UK for periods of longer than 180 days on the most recent visa, inluding in the last year.

Does this mean I'm disqualified for applying for ILR, and have to apply for another FLR (M) visa or is there an exception for this route?

Thank you

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CR001
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Re: ILR via FLR(M) 5 Year route: does the 180 day rule apply?

Post by CR001 » Tue Feb 18, 2020 10:34 am

The 180 days does NOT apply to spouse visa holders.
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Bucko
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Re: ILR via FLR(M) 5 Year route: does the 180 day rule apply?

Post by Bucko » Tue Feb 18, 2020 10:42 am

Wow, that's good news. So even though I've spent the majority of the last 2.5 years out of the UK, I would still qualify for Indefinite Leave to Remain under the Five Year route?

It's very difficult to find information about this on their site? Is there somewhere that specifically states that, or is it by way of omission?

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Re: ILR via FLR(M) 5 Year route: does the 180 day rule apply?

Post by CR001 » Tue Feb 18, 2020 11:01 am

Wow, that's good news. So even though I've spent the majority of the last 2.5 years out of the UK, I would still qualify for Indefinite Leave to Remain under the Five Year route?
You are required to show evidence of cohabitation in both your names for the last 2 years to prove subsisting relationship.
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Bucko
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Re: ILR via FLR(M) 5 Year route: does the 180 day rule apply?

Post by Bucko » Tue Feb 18, 2020 12:33 pm

Thank you very much. We have all the proof of cohabitation, plus we travelled together in my absences spending most of the time out of the UK together.

So to make sure I have this right: the application for ILR at the end of the five years would be judged exactly the same way as FLR(M) was at the end of the previous 2.5?

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Re: ILR via FLR(M) 5 Year route: does the 180 day rule apply?

Post by CR001 » Tue Feb 18, 2020 12:55 pm

Correct. All the same requirements have to be met.
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