ILR - 10 year + spouse visa

[t4ure4n]

Hi

I need advise on applying for ILR visa from within UK.

I arrived in UK in Sep-2004 on student visa and extended student visa multiple times. I switched to spouse visa in Feb-2013.

So I have been in the UK for 10+ years of which spouse visa is 2+ years.

My confusion is whether I can apply for ILR on the basis of spouse staying in UK for 2 years or I have to extend my spouse visa for another 2.5 years.

The reason I am confused is that at the time of my spouse visa application I was given a letter+information sheet which states that I can apply for ILR in UK after I have spent 2 years as a spouse. But there is also 5 year stay rule (2.5 + 2.5 years as spouse)

Can someone please clarify?

Thanks

[CR001]

You can apply for ILR based on 10 years long residence and can use a combination of any UK continuous visa status during the 10 years stay.

You can apply in person for a same day decision or apply by post. The documents you need for 10 years ILR is much less than Set(M) spouse visa.

[t4ure4n]

You can apply for ILR based on 10 years long residence and can use a combination of any UK continuous visa status during the 10 years stay.

You can apply in person for a same day decision or apply by post. The documents you need for 10 years ILR is much less than Set(M) spouse visa.

can you please advise me what documents are required for ILR application under 2 years-spouse Vs 10 years long stay?

[CR001]

Long residence and you can apply in person for a same day decision :

All passports covering the 10 years, including the passport you entered the UK with
BRP Card, photos and SET(LR) form
LIUK
Proof of meeting the English B1 requirement

Spouse Visa ILR SET(M) after 5 years residence (you don't qualify yet and would need an extension on FLR(M)
Your passport and BRP Card
Your spouse's passport
2 years cohabitation documents from 6 different sources
Proof of meeting the Financial requirement
Proof of meeting the English B1 requirement
Proof of spouse and your earnings to meet the financial requirement, including letter from employer, 6 months payslips and bank statements
The from actually has all the detail. What you would need for a FLR(M) extension is very similar to what you would need for SET(M).

[t4ure4n]

Spouse Visa ILR SET(M) after 5 years residence (you don't qualify yet and would need an extension on FLR(M)
.

5 years for SET(m)??
It's very strange because the letter I received at the time of my my spouse visa application (peo Croydon same day) states that I can apply for ILR after 2 years.

Is the 2/5 year rule completely black and white without any exceptions?

Isn't there any special consideration for applicants who were already in the UK when they applied for Spouse visa. In my case I was on student visa valid for more than a year when I applied for spouse visa in February 2013. At that time I was already in the UK for nearly 9 years.

[CR001]

Maybe if you post all your visas you have held and the start and expiry dates it would be helpful.

When did you apply and receive your spouse visa and what visa did you have before that?

You said :

I switched to spouse visa in Feb-2013

Which indicates you are under the new rules.

You also stated that

Sep-2004 on student visa and extended student visa multiple times

It does not indicate that you were a PBS dependent on your spouse at any time to be covered by the transitional provisions.

[CR001]

Spouse Visa ILR SET(M) after 5 years residence (you don't qualify yet and would need an extension on FLR(M)
.

5 years for SET(m)??
It's very strange because the letter I received at the time of my my spouse visa application (peo Croydon same day) states that I can apply for ILR after 2 years.

Is the 2/5 year rule completely black and white without any exceptions? If you applied for a spouse visa AFTER 9th July 2012, it is 5 years for ILR, there are no exceptions unless applying under 10 years long residence as I have already advised.

Isn't there any special consideration for applicants who were already in the UK when they applied for Spouse visa. In my case I was on student visa valid for more than a year when I applied for spouse visa in February 2013. At that time I was already in the UK for nearly 9 years. If you only applied in Feb 2013, you are under the new rules of 5 years for ILR if you apply for ILR based on 5 years residence. If you apply for ILR based on 10 years long residence, it makes no difference, you can apply with a combination of any valid visa once you qualify

[t4ure4n]

Here is the time line of my stay in the UK
Student visa: 24/08/04 to 31/01/06 (arrived to the UK on 19/09/04)
Student visa extension: 19/01/06 to 31/07/06
Student visa extension: 10/08/06 to 31/01/07
Student visa extension: 24/02/07 to 31/03/08
Student visa extension: 28/04/08 to 28/02/10
Student visa extension: Valid until 08/2014 (can't confirm expect dates as I don't have the biometric card)
Spouse visa : 18/02/13 to 18/08/15

[CR001]

You qualified for ILR based on long residence 28 days before 19/9/2014 and you can apply now in person or postal.

If you want to apply for ILR based on spouse visa, you will only qualify in Jan/Feb 2018 after 5 years residence on FLR(M). There is no way to get around the rules of 5 years residence.

If you choose to wait on FLR(M), when you extend your visa in July/August 2015, you will have to pay the new IHS Surcharge of £500 before submitting your FLR(M) application.

This surcharge is not payable if applying for ILR, as the rules stand now.