ILR after spouse visa

jack_86 · Post by **jack_86** » Sat Mar 03, 2012 3:15 pm

I have been married to an EEA national and have got an EEA Family Member Permit. After marriage my wife got her british citizenship and so I switched to uk spouse visa which expires in 2013. But in May 2012 I will complete my 2 year period of being married and staying in UK. So will I have to wait till my spouse visa runs out in 2013 or I can apply for ILR in May 2012 ?????????

Please advice me with this as I am bit confused at the moment.

Post by **vinny** » Sun Mar 04, 2012 12:17 am

You may apply for ILR no sooner than 28 days prior to the 2nd anniversary of your initial entry under your spouse visa.

jack_86 · Post by **jack_86** » Sun Mar 04, 2012 7:39 am

vinny wrote:You may apply for ILR no sooner than 28 days prior to the 2nd anniversary of your initial entry under your spouse visa.

Hi vinny,

But I have been married to her for past 2 years and I have even been living in UK for 2 years, Initially she had an EEA passport but now she has british passport. So am I not not eligible for ILR.

Post by **Lucapooka** » Sun Mar 04, 2012 8:40 am

If you applied for leave to enter ( a visa) as the spouse of a British citizen (I have to assume that you did not switch into this status as it's not permitted to go from EU to UK rules), you must wait until you have made 2 years from the time you entered the UK with your new UK immigration status before you become eligible for ILR.

jack_86 · Post by **jack_86** » Sun Mar 04, 2012 8:42 pm

Lucapooka wrote:If you applied for leave to enter ( a visa) as the spouse of a British citizen (I have to assume that you did not switch into this status as it's not permitted to go from EU to UK rules), you must wait until you have made 2 years from the time you entered the UK with your new UK immigration status before you become eligible for ILR.

Lucapooka,

I did not enter UK on a leave to enter visa. I made application from inside UK and switched from EEA family member permit to spouse visa i.e. leave to remain. But my question is as I have already been living in UK for more than 2 years and have been married for 2 years. So can I not apply for ILR now.[/u]

Post by **vinny** » Sun Mar 04, 2012 9:17 pm

No. You may apply for ILR no sooner than 28 days prior to the 2nd anniversary of your initial grant of FLR(M).

You were lucky that they permitted you to switch to FLR(M) from within the UK.

Post by **vinny** » Tue Mar 06, 2012 4:15 am

jack_86 wrote:Hi,

I have been married to an EU national and have got EEA family member permit. But recently my wife got her British Nationality, so can I switch from EEA family member permit to UK spouse visa which is FLR M.

Normally, no, as 284(i) fails. However, I thought that you had been successful?

Were you granted FLR(M) or not?

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ILR after spouse visa

ILR after spouse visa