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Tier 1 to Spouse visa case: how to calculate 5 years 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

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kokomarine
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Tier 1 to Spouse visa case: how to calculate 5 years for ILR

Post by kokomarine » Mon Jan 21, 2013 10:18 am

Hello,
My current visa, a 3-year Tier 1 General, is nearly running out
and I am now in the process of getting a Spouse Visa.
I know I can meet the 5 year requirement for ILR by getting 2 year extension on my Tier 1
but my job situation hasn't been stable enough to be qualified for the 2 year extension so hence the Spouse Visa.

My question is, would I still need to wait 5 years once I get the Spouse Visa?
I seem to remember reading something on the UKBA website saying otherwise (but can't remember now exactly where from!).

Thank you!

Greenie
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United Kingdom

Post by Greenie » Mon Jan 21, 2013 10:47 am

You will need to wait about further 5 years from the date you are granted leave as a spouse.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier1 before July 2012 and then FLR(M) after. Probation?

Post by vinny » Mon Aug 12, 2013 9:45 am

kokomarine wrote:I entered the UK with Tier1 General in 2010.
After 3 years (i.e. after July 2012), I got married and got FLR(M).
I thought I have to wait 5 years before applying for SET(M), but it looks like I have 2 years of probation period in the view of the recent new rules.

Am I right? Could anyone confirm this? Thanks!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Post by vinny » Mon Aug 12, 2013 9:46 am

When did you apply for FLR(M)?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kokomarine
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Post by kokomarine » Mon Aug 12, 2013 10:03 am

vinny wrote:When did you apply for FLR(M)?
I applied for it November 2012 and received it April this year.

vinny
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Post by vinny » Mon Aug 12, 2013 10:15 am

Greenie's answer is correct.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kokomarine
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Posts: 10
Joined: Mon Jan 21, 2013 10:03 am

Post by kokomarine » Mon Aug 12, 2013 10:22 am

vinny wrote:Greenie's answer is correct.
I find it strange because I am kind of disadvantaged for being a PBS myself; if I were a partner of PBS, I would need to wait for 2 years. That's why I was asking.
Anyway, thanks for the answer.

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