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Can I apply 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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Mar-ta
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Posts: 4
Joined: Tue Aug 28, 2018 3:25 pm
United Kingdom

Can I apply for ILR

Post by Mar-ta » Tue Aug 28, 2018 3:43 pm

Hello,

I came to the UK as a student in 2009, then got married in 2013 to a British national and applied for Leave to Remain based on marriage

My first permit was granted on 03.10.2013 for a period of 30 months;
Second permit granted on 02.04.2016 for 30 months, expires 03.10.18

I have made an appointment to apply for ILR under SET(M) in Croydon on the 25th of Septmber, but now looking through all the paperwork I am getting confused, as my first letter from the HO in 2013 says

"..Application of Leave to Remain on the basis of marriage.." and
"In order to qualify for settlement you must have completed a period of 2 years in the United Kingdom as a spouse."


Letter from the HO in 2016 is titled "Grant leave to remain, 5 year partner route" and says
"You may be eligible to apply for settlement after completing at least 5 years under this route."


Does this mean that the earlier period from 2013 to 2016 based on marriage does not count towards 5 year partner route? Or was the earlier letter is an old format that they haven't updated since the change of rules in 2012?

Getting stressed out and anxious

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CR001
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Re: Can I apply for ILR

Post by CR001 » Tue Aug 28, 2018 5:19 pm

The first letter is an error. If you have been on a spouse settlement visa for 5 years you can apply for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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