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Should apply for FLR (M) or 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

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DavidY
Newly Registered
Posts: 3
Joined: Sat Oct 17, 2020 11:57 pm
United States of America

Should apply for FLR (M) or ILR?

Post by DavidY » Sun Oct 18, 2020 12:10 am

I don't know if I can apply for ILR.

August 2014 - Entered UK from USA on Fiance visa
October 2014 - Married
March 2015 - Received Spouse visa
September 2017 - Forget to renew spouse visa; applied through solicitor anyway and was refused
October 2017 - Flew back to states, applied for spouse visa and was approved
February 2018 - Entered UK
October 2020 - Visa expiring

Can I apply for ILR by adding up the time spent in UK (March 2015 to September 2017) + (February 2018 to October 2020), which is over 5 years?

In other words, will the 3-month gap spent in US (November 2017 - January 2018) prevent me from applying for ILR which then means that I must apply for FLR (M) again?

Thanks,

David

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Should apply for FLR (M) or ILR?

Post by vinny » Sun Oct 18, 2020 2:09 am

Unfortunately, I think the required continuous period may have been broken when you were an overstayer, was refused and had to apply for entry clearance.
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