I am not sure which ILR to apply for?

[mrswood]

Hi, I am hoping I can get some advice.
I first came to the UK in August 2004 on a working holiday visa. I then got an ancestral visa. I tried to apply for indefinite leave to remain when that was expiring but was declined - as I was out of the country for 100 days in Australia.

I therefore had to apply for another ancestral visa which is now up for expiry in July.
I am married to a british citizen - since November 2015. We have been together for just over 2 years and living together for about 1.5 years.
1. Should I apply for the ILR on a spousal right? and if so, is it the 2 year, 5 year or 10 year route?
2. Or wait till June and apply for ILR due to the fact that my current ancestry visa is expires.

Apart from the long 100 day holiday a few years ago ( whilst on my 2nd ancestral visa) I haven't had any other long breaks of the country.

[Casa]

In order to apply for ILR as a spouse, you would have to first switch from your Ancestry visa to a FLR(M) visa. If you switch now, your clock would be reset and you be looking at 2.5 years x 2.5 years (5 years in total) before qualifying for ILR.

[jimtoole]

Dear Mrswood,

You are eligible to apply via Set LR route. You do not qualify for ILR through spousal route yet. So best would be if you want to get it same day, book an appointment at your closest PEO, coplete SET LR form and pay £1900 fee. You will get ILR on the same day. Or else if you can wait for up to 6 months then sent your application it will save you £400 pound.

All the best.

[mrswood]

Thanks guys, so I would need to wait till June 2016 - a month before ancestral visa expiry to do the traditional ILR route
I heard the fees were going to go up so I thought I would get in before they do but it doesnt sound like that will be possible.

[jimtoole]

Thanks guys, so I would need to wait till June 2016 - a month before ancestral visa expiry to do the traditional ILR route
I heard the fees were going to go up so I thought I would get in before they do but it doesnt sound like that will be possible.

By the looks of it, you have already completed 10 years lawfully in the UK but you will know it better. As you said you came to UK in August 2004 on holiday maker then switched to ancestry now check your passport and see if you have broken the continuous residence during all this time. You need to check for 2 things 1st is that you were not out of the UK for more than 180 days in one stretch in all these years. 2nd is that you always had a valid visa to remain in the UK and also when you went for a holiday. If both these conditions are met you could have applied for ILR in Aug 2014 but its still not too late. You can apply any day any time now. Even this Monday if you get the appointment .

Hope it helps.

[Casa]

How many days were there between the expiry of your first Ancestry visa and the application date of the one you have now?

[vinny]

Agree with jimtoole. They have actually currently specified the allowable absent days to be 180 days under 128A. The rules are probably different since when you were refused ILR. So, you may also qualify for SET(O) under UK Ancestry.