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ILR query

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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butter_fly
Newly Registered
Posts: 6
Joined: Wed Feb 02, 2011 5:58 pm

ILR query

Post by butter_fly » Wed Feb 02, 2011 6:21 pm

Hi,
Arrived in the UK in Sep. 2007 under work permit visa, switched to Tier 1 in 2009.
Tier 1 will expire in May 2012 (3 months before 5 years stay)
Got married to British citizen in 2009. However, didn't apply for a spouse visa (now I wish I did..)

Now, what is the best way to get ILR (and the quickest one)?

I tried to find an answer on the Home Office web site, but it seems you can apply for ILR as a spouse after 2 years only if you are a holder of a spouse visa, rather then being a spouse factually..
Anybody can advise?

Thank you.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: ILR query

Post by xyz123 » Wed Feb 02, 2011 7:38 pm

butter_fly wrote: I tried to find an answer on the Home Office web site, but it seems you can apply for ILR as a spouse after 2 years only if you are a holder of a spouse visa, rather then being a spouse factually..
Anybody can advise?

Thank you.
That is correct you need to stay on spouse visa for 2 years before you can apply for ILR.

You can get ILR in sept 2012 on WP + Tier 1 route. You need an extension of tier 1 for May 2012 to sept 2012.

Or you can get on spouse visa now and then apply in January 2013.

Personally (and this is strictly a perosnal opinion) i would go for spouse visa route. This government is quite keen on reducing no of settlement visa being granted. in my opinion this would have more effect on WP/ Tier 1 holders rather than spouse visa holders.

so spouse visa route may take 4 months longer but may be a bit confirmed...but as i said that's just my opinion, anything can happen with rule changes...

butter_fly
Newly Registered
Posts: 6
Joined: Wed Feb 02, 2011 5:58 pm

Post by butter_fly » Wed Feb 02, 2011 8:41 pm

Thank you, xyz12. I was thinking the same.. Just wanted to know whether there were any loopholes that I am not aware about..

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Thu Feb 03, 2011 11:56 am

butter_fly wrote:Thank you, xyz12. I was thinking the same.. Just wanted to know whether there were any loopholes that I am not aware about..
i am affraid there are no "loopholes" that may help your case.

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