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Will ILR clock be reset?

Family member & Ancestry immigration; don't post other immigration categories, please!
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naija99
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Posts: 476
Joined: Wed May 16, 2012 7:18 pm

Will ILR clock be reset?

Post by naija99 » Tue Feb 16, 2016 7:41 am

Good morning forum
Our family friend applied for leave to remain and was granted 30 months on the basis of his relationship with a lady with ILR. hey had been living together for years but were not married. They did not meet £18,600 but they have 4 kids, 2 of which were born after the mother obtained ILR and two were born before. The grant was based on his relationship with partner and not the children.

When he re-applied for further leave ALL of the circumstances were the same except they were now married. He applied usuing FLRM and theyre combined income met £18,600. Unfortunately they said he was supposd to meet additional £2400 for the two children who were born before the mother obtained her ILR. Now he's been granted a further 30 months but this time on the basis of the children.

Will his ILR clock now be reset and is there anything he can do to ensure his clock is not reset? Please could moderators advise?

secret.simon
Moderator
Posts: 11552
Joined: Thu Feb 21, 2013 9:29 pm

Re: Will ILR clock be reset?

Post by secret.simon » Tue Feb 16, 2016 10:08 am

It sounds like your family friend has been granted FLR(FP)-leave to remain on the basis of family life-that leads to ILR after 10 years. As he will only get ILR on the basis of long residence, his clock is not reset.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

naija99
Member of Standing
Posts: 476
Joined: Wed May 16, 2012 7:18 pm

Re: Will ILR clock be reset?

Post by naija99 » Tue Feb 16, 2016 3:42 pm

Thank you Simon
So at the end of this grant, he would have clocked 5 years?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Will ILR clock be reset?

Post by Wanderer » Tue Feb 16, 2016 4:43 pm

naija99 wrote:Thank you Simon
So at the end of this grant, he would have clocked 5 years?
Yes, but he's not on the 5 year route now.
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
Moderator
Posts: 11552
Joined: Thu Feb 21, 2013 9:29 pm

Re: Will ILR clock be reset?

Post by secret.simon » Tue Feb 16, 2016 6:20 pm

naija99 wrote:So at the end of this grant, he would have clocked 5 years?
Correct. But if he is granted leave to remain based on his family life (partner and children) without meeting the salary requirements, he will only be eligible for ILR after 10 years.

So, at the end of 5 years, he will have to apply for the same leave twice again before applying for ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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