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Got 2yr Spouse Visa in 2013, am I eligible for ILR?

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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shan79
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Got 2yr Spouse Visa in 2013, am I eligible for ILR?

Post by shan79 » Mon May 11, 2015 1:45 pm

Hi, I've been living in UK on T1(G) dependent visa since July 2009. In July 2013 I was given a two year FLR(M) spouse visa valid from 07/2013-07/2015, after my husband got ILR via 10yr route. Now that my spouse visa is coming to end I am confused whether I qualify for ILR or whether I should apply for spouse visa extension (for another 3 years?). After searching this forum I couldn't find any related inquiry, everyone seems to get 2.5 yr spouse visas after July 2012 - so what happened in my case?
Any similar experiences here...??

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Casa
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Re: Got 2yr Spouse Visa in 2013, am I eligible for ILR?

Post by Casa » Mon May 11, 2015 2:25 pm

You'll have to apply for a further FLR(M) 2.5 year extension and will qualify for ILR in 2018. The clock reset when you switched to a Spouse visa in 2013. You'll also have to pay the new NHS Surcharge before submitting your FLR(M) application, which will be £500 for the 2.5 year period in addition to the visa fee.
https://www.gov.uk/healthcare-immigrati ... n/overview
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Re: Got 2yr Spouse Visa in 2013, am I eligible for ILR?

Post by vinny » Mon May 11, 2015 2:29 pm

You may apply for SET(M) (possible immediately after being granted FLR(M)). If you had initially applied for FLR(M) from 6th April 2014, then the clock would have been reset.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

shan79
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Re: Got 2yr Spouse Visa in 2013, am I eligible for ILR?

Post by shan79 » Mon May 11, 2015 2:44 pm

Many Thanks for quick responses!
However, these are two different options...now I am even more confused :)
Casa's advise is the default route and I suppose I will need another 6 months extension after this (2.5yr) one to make it 5 yrs on spouse visa!
Vinny can you please elaborate the grounds for your advice..? is there any success story in similar circumstances?

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Casa
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Re: Got 2yr Spouse Visa in 2013, am I eligible for ILR?

Post by Casa » Mon May 11, 2015 2:46 pm

I'd always bough to Vinny's superior knowledge. I missed the implementation date.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Re: Got 2yr Spouse Visa in 2013, am I eligible for ILR?

Post by vinny » Mon May 11, 2015 2:46 pm

vinny wrote:may
Please click on the given links for further information.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

shan79
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Re: Got 2yr Spouse Visa in 2013, am I eligible for ILR?

Post by shan79 » Mon May 11, 2015 3:17 pm

Thanks vinny,
The example you referred to is very relevant. Can you please confirm that the legal points you mentioned there are still valid e.g. after the 6April changes? Obie in one of the following posts has mentioned A280B, which I don't understand?

shan79
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Re: Got 2yr Spouse Visa in 2013, am I eligible for ILR?

Post by shan79 » Mon May 11, 2015 3:36 pm

Another thing I noticed while reading "Section D-ILRP" in Appendix FM is that if I take the risk of applying for ILR on the counter and they don't consider me eligible then they will give me leave to remain for 30 months...this means the ILR fee will not completely go in waste? :D

vinny
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Re: Got 2yr Spouse Visa in 2013, am I eligible for ILR?

Post by vinny » Tue May 12, 2015 1:33 pm

shan79 wrote:Thanks vinny,
The example you referred to is very relevant. Can you please confirm that the legal points you mentioned there are still valid e.g. after the 6April changes? Obie in one of the following posts has mentioned A280B, which I don't understand?
I think it would be unreasonable of them to invoke A280B, if they mistakenly subject you to Appendix FM.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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