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Spouse visa to ILR 5 years residence requirement

Family member & Ancestry immigration; don't post other immigration categories, please!
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fn286
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Spouse visa to ILR 5 years residence requirement

Post by fn286 » Fri Apr 25, 2014 12:42 am

Hi All,

Please can you let me know when 5 years of residence starts for the spouse visa (outside UK) of settled person to be considered for ILR? will it considered from the date visa is granted (entry clearance) or from the arrival in the UK?

Let's suppose if the spouse comes to UK late after 3 months of entry clearance date, what will be eligibility requirement for ILR (SET M) in terms of 5 years residence? OR 5 years will be considered from the entry clearance date irrespective of the arrival in UK?

Seniors and moderators any thoughts?

Thanks

fn286
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Posts: 221
Joined: Wed Jan 22, 2014 2:44 pm

Re: Spouse visa to ILR 5 years residence requirement

Post by fn286 » Fri Apr 25, 2014 9:12 am

Amber, Casa...

Please can anyone share some information? When spouse, who came to UK on a settlement visa as spouse of settled person, can apply for ILR (SET M)? The period of 5 years residence will be considered from entry clereance or arrival date? Is there any 90 days condition apply just like other visa categories? If they arrived after 90 day sdo they need another FLR M extension?

Thanks.

Amber
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Re: Spouse visa to ILR 5 years residence requirement

Post by Amber » Fri Apr 25, 2014 10:33 am

The 5 year period will start when the person enters the UK. They do give you an extra 90 days added to the leave to enter and you can also apply for SET(M) from 28 days before 5 years completes. Thus, you could stay outside the UK 90 days + 27 days and still only need one extension before applying for SET(M).
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fn286
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Re: Spouse visa to ILR 5 years residence requirement

Post by fn286 » Fri Apr 25, 2014 11:15 am

Amber_ wrote:The 5 year period will start when the person enters the UK. They do give you an extra 90 days added to the leave to enter and you can also apply for SET(M) from 28 days before 5 years completes. Thus, you could stay outside the UK 90 days + 27 days and still only need one extension before applying for SET(M).
Thanks Amber_

I think now home office grants spouse visa for 2.5 years and then we need FLR (M) for another 2.5 years. You mean Extra 90 days leave will be added to 2.5 years of initial spouse visa issued from outside the UK? So making the initial leave of 2.8 year?

If my understanding is correct, then if visa granted on 01/04/2014 and Entry in UK was 25/07/2014, SET (M) can be applied just after one extension. Is that correct?

Thanks.

Amber
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Re: Spouse visa to ILR 5 years residence requirement

Post by Amber » Fri Apr 25, 2014 11:42 am

Yes, 90 days are added to the initial leave.
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fn286
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Re: Spouse visa to ILR 5 years residence requirement

Post by fn286 » Fri Apr 25, 2014 2:15 pm

Amber_ wrote:Yes, 90 days are added to the initial leave.
Thanks Amber_

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