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Hi Zimba,Zimba wrote: ↑Wed Feb 26, 2020 1:11 amNo you cannot apply for ILR. The length of your relationship is irrelevant. You cannot combine the time spent under 5 year FLR(M) and 10 year FLR(FP) to get ILR. You need to spend the qualifying period continuously: either 5 years under FLR(M) or 10 years under FLR(FP) to be eligible for ILR under SET(M)
Zimbas answered remains the same. Once granted the 10byear FLR fp route, you can't apply for ilr based on 5 years FLR m. FLR m and FLR fp are two different sets of rules and you can't combine the two for 5 years ilr.lilboots wrote: ↑Wed Feb 26, 2020 7:04 amHi Zimba,Zimba wrote: ↑Wed Feb 26, 2020 1:11 amNo you cannot apply for ILR. The length of your relationship is irrelevant. You cannot combine the time spent under 5 year FLR(M) and 10 year FLR(FP) to get ILR. You need to spend the qualifying period continuously: either 5 years under FLR(M) or 10 years under FLR(FP) to be eligible for ILR under SET(M)
From what I understand from the OP’s question, s(he) isn’t trying to combine FLR(M) (5 years) and FLR(FP) 10 years.
I think the question was , she was on FLR(M) 5 year spouse visa for 5 years. At the time she applied for ILR, she couldn’t meet the financial requirement at the time and instead of ILR, she was offered extension via the FLR (FP) route.
However, her circumstances has changed and she can NOW meet the financial requirement of the ILR via FLR(M) a year after a decision ( by HO) was taken to extend her leave via FLR(FP) 10 years.
Now question is, now that she has met the requirement of her original leave , FLR(M), to apply for ILR, can she do that as it was HO that offered her FLR(FP) when she didn’t meet the financial requirement a year earlier?
Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.
E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).
E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:
(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or
(b) at least 120 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii).
(1A) In respect of an application falling within sub-paragraph (1)(a) above, the applicant must meet all of the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) delete the words “2.5 times”).
(1B) In respect of an application falling within sub-paragraph (1)(b) above:
(a) the applicant must meet all of the requirements of paragraphs E-LTRP.1.2.-1.12. (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c) of that paragraph) and E-LTRP.2.1. - 2.2.; and
(b) paragraph EX.1. must apply.
(2) In calculating periods of leave for the purposes of sub-paragraph (1) above, any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner will be excluded.
E-ILRP.1.4. In calculating the periods under paragraph E-ILRP.1.3. only the periods when the applicant’s partner is the same person as the applicant’s partner for the previous period of limited leave shall be taken into account.
E-ILRP.1.5. In calculating the periods under paragraph E-ILRP.1.3. the words “in the UK” in that paragraph shall not apply to any period(s) to which the evidence in paragraph 26A of Appendix FM-SE applies.
E-ILRP.1.5A. In calculating the periods under paragraph E-ILRP.1.3., any current period of overstaying will be disregarded where paragraph 39E of these Rules applies. Any previous period of overstaying between periods of leave will also be disregarded where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.
E-ILRP.1.6. The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with the requirements of Appendix KoLL of these Rules.
That is not how things work. Your current leave is also an important factor in whether you can apply for ILR. If you switch to other route, you cannot refer back to the time spent under your previous leave even if you completed the qualifying period previously before the switch unless allowed under the rules. Under the Appendix FM, you need 5 continuous years under FLR(M) and you still need to be under FLR(M)lilboots wrote: ↑Wed Feb 26, 2020 7:04 amHi Zimba,
From what I understand from the OP’s question, s(he) isn’t trying to combine FLR(M) (5 years) and FLR(FP) 10 years.
I think the question was , she was on FLR(M) 5 year spouse visa for 5 years. At the time she applied for ILR, she couldn’t meet the financial requirement at the time and instead of ILR, she was offered extension via the FLR (FP) route.
However, her circumstances has changed and she can NOW meet the financial requirement of the ILR via FLR(M) a year after a decision ( by HO) was taken to extend her leave via FLR(FP) 10 years.
Now question is, now that she has met the requirement of her original leave , FLR(M), to apply for ILR, can she do that as it was HO that offered her FLR(FP) when she didn’t meet the financial requirement a year earlier?
The lawyer's advice is incorrect as it contradict Appendix FM of the rules. There are a lot of refusals reported on the forum. I am pretty confident on this one.forumuser250220 wrote: ↑Wed Feb 26, 2020 12:10 pmCan I get your opinions on the answer from an immigration lawyer? Because I paid and asked and they said the following:
There is no requirement that you must complete the 60 months immediately prior to making your ILR application. As you have already completed the qualifying period of 60 months in the UK with limited leave to remain as a partner (before your current grant of leave), you can rely on this period for the purposes of an ILR application.
If the reason that you did not meet the requirements for ILR have now been overcome, and you continue to meet all of the other eligibility requirements, you can make your ILR application at any time. You do not need to wait until you are required to extend your current visa, but can make the application now, despite having more than a year left on your visa.
Obviously I do not wait to pay good money, time and effort in making an ILR application if I am not applicable to make it anymore because I am now on a 10 year route and no longer on a 5 year route. How can I be absolutely certain of this criteria?
Here is what section D-LTRP.1.1 says:E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:
(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
D-LTRP.1.1. If the applicant meets the requirements in paragraph R-LTRP.1.1.(a) to (c) for limited leave to remain as a partner the applicant will be granted limited leave to remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds, and they will be eligible to apply for settlement after a continuous period of at least 60 months with such leave or in the UK with leave to enter granted on the basis of entry clearance granted under paragraph D-ECP.1.1. (excluding in all cases any period of leave to enter or limited leave to remain as a fiancé(e) or proposed civil partner); or, if paragraph E-LTRP.1.11. applies, the applicant will be granted limited leave for a period not exceeding 6 months and subject to a condition of no recourse to public funds and a prohibition on employment.