ILR 2018- best to apply under which category?

[hippopotamus]

Hi,

First of all I would like to thank everyone on this website as it has helped me so much with my application and life altogether.

I've just recently received my first half of spouse visa (30 months). The summary of my life timeline is as below:

15/09/2008-30/09/2013 : student visa for a five year course (medicine)
27/08/2013-04/12/2015 : tier 4 general student leave to remain (student visa but working as a foundation doctor for 2 years). Got married in May 2014.
03/08/2015-03/03/2018 : spouse leave to remain (first half)

My questions are:

1. Looking at the timeline above which is the best category for me to apply for ILR- under 10 year route (which I will need 7 months more to complete 10 years-but then I don't know how to complete this) . Or apply for a second half of spouse visa in March 2018, then apply for ILR in 2020 (which seems a waste of money seeing I only have 7 months to complete 10 years especially now it's getting more expensive with the NHS surcharges)

2. I stopped working 3rd august 2015- currently taking a year off. I plan on going back to my home country for 2 months to spend some time with my family as my mother has not been very well. However my husband (a permanent uk resident) won't be coming with me as he has work etc. Will this have any effect on applying for ILR later. I tried looking for a website that says how many days of absences are allowed before applying for ILR but I couldn't find it, specifically absences allowed to apply for ILR via spouse visa and a 10 year route.

3. Also if I apply for ILR via spouse visa what's the financial requirements? If anyone could give website for this it would be great. That way I can plan on when I should go back to work etc.

Id really appreciate if anyone could give me an advice on this.
Many thanks

[CR001]

1. You will still need to apply for an extension of your spouse visa for whichever route you apply for. So apply FLR(M) extension and then 10 years ILR when you meet the requirements or in 2020 when you reach 5 years as spouse visa. The choice is yours and it will cost you a visa extension regardless of which route you apply for ILR. You could have waited on your Tier 4 and applied for spouse visa later than you did.

2. No effect. Absences are permitted but make sure you are not absent for too long.

3. The requirements for spouse visa extension and ILR are exactly the same as what you needed when you applied the for the first spouse visa. £18,600 pa if no children.

[hippopotamus]

Thank you Char for the quick reply!

1. If I apply for FLR(M) extension am I allowed to apply for ILR in September 2018 even when the visa has not yet expired? Because I read somewhere that says if you want to renew a visa while holding a spouse visa you can't apply more than 28 days before the visa expires.
I was thinking of the same thing ie applying the spouse visa at a later date seeing as my tier 4 still not expired. However the outcome will be the same = I'll be granted a spouse visa that expires on June 2018 ( still has 3 months to complete 10 years).

2. Regarding the absences - I read that you can't have absences of more than 540 days over 10 years if I want to apply via 10 year route . Does this apply at all?

[CR001]

1. As you have a spouse visa already, your Tier 4 visa is cancelled. You should have waited, if possible, before applying for your first spouse visa. That is the point I was making.

You can apply for ILR based on 10 years long residence at any point once you meet the requirements as long as you have a valid visa at the time of application (in any visa category). What you are referring to re. 28 days before visa expiry, is relevant to the 5 years route of residence (spouse visa, Tier 2, etc).

So depending on the date that you entered the UK in 2008, you can apply no sooner than 28 days before that date in 2018.

2. Yes, your absences cannot be more than that in the whole 10 years and any absence of more than 180 days will count as a break in continuous residence.

[Nasreen786786]

Hi CR008


I wanted to know that myself and my family has been put on 10year route on my daughter basis who is under 18 and lived here in UK for past 9 years and 10 months when our visa was issued on family life basis, on 10 year route and on that basis we have been given 30 months visa as just after this visa was issued after 2months we had completed our 10 year legal residency but our solicitor told us that because you have been putted on 10 year route now you have to extend your visa 4 times until you finish your ten years is this true?

As from your reply to this post makes me understand that only you need to complete 10 years legaly to apply for ILR and this 30 month visa was issued to us just because we had not completed our 10 years otherwise we were eligible for ILR? Kindly correct me if I'm wrong.

I will really appreciate if someone can advice on this.