ILR for spouse with LLR

[Eaustin]

I am asking this question on behalf of a friend.

She is from Malaysia has LLR to April 2015, her husband has just become a British citizen and they have a child who was born in England and is also a British citizen.

Can someone please advise when she would be eligible to apply for ILR and then to become a British citizen.

Many thanks in advance.

Edward

[Amber]

I assume the person in question was given family life leave as the parent of a British Citizen under exception 1, please confirm?

The family life route to settlement is 10 years (4 x 2.5 years leave). She could possibly switch to FLR(M) if the requirements were met, this is a 5 years route to settlement (2 x 2.5 years leave), but has an English and Financial Requirement.

[Eaustin]

Thank you, yes her initial LLR visa was for 2.5 years and expires in April 2015. So if I understand correctly she will need a further three visa before being eligible for ILR.

I thought that with her husband now a British citizen this might reduce the qualifying period.

[Casa]

She will qualify for BC once she has been granted ILR. Following the initial 2.5 year visa she will apply for a further 2.5 year LLR and then submit an application for ILR.

[Amber]

Casa, I'm not sure that the applicant was granted spouse leave, I think it could have been leave under exception 1 which is a 10 year route to settlement. However, the OP has not confirmed.

[Casa]

You may be right Amber, but I read it differently as the wife having a standard Limited Leave to Remain spouse visa under post July 2012 rules of an initial 2.5 years to be followed by a 2.5 year FLR(M) visa. Perhaps Eaustin could confirm?

[Amber]

Indeed, Casa, and I would have thought exactly like you, but for their other thread.

[Eaustin]

Thank you for your responses. I understand that the visa was granted as family life leave. On this basis reading your replies it is a 10 year route to qualification. Would the fact that her husband is now a British citizen change anything?

Thanks for your responses - it is truly appreciated.

[Amber]

As per above, s(he) may be able to switch to FLR(M) which is a 5 year route to settlement.

[Eaustin]

Thank you for your responses. I understand that the visa was granted as family life leave. On this basis reading your replies it is a 10 year route to qualification. Would the fact that her husband is now a British citizen change anything?

Thanks for your responses - it is truly appreciated.

[Amber]

If she was on private life/family life leave she may be able to switch category using form flr(m) to leave as the partner of a settled/British citizen which is a 5 year route to settlement.

[Eaustin]

Thank you Amber, I will help them investigate the FLR(M) route. Do you know if that is something she c/should do now or do it at the point her current visa expires?

[Amber]

The sooner they switch (providing they're eligible) the sooner they begin the 5 year route to settlement. Bare in mind they must meet the financial requirement at 3 stages. 1. When being granted initial leave as a partner of a settled/British citizen, 2. When extending after 2.5 years and 3. when settling after 5 years.

[Eaustin]

Thanks again Amber. When does the 5 years start? Does the period served under the current visa qualify?

[Amber]

No, the current period would qualify under the 10 year route, the 5 year route would begin when flr(m) was granted. However, they must meet the financial and English requirements. What was the reason they did apply for spouse leave initially?

[Eaustin]

I assume because her husband only had ILR. She was an overstayer at the time.

Your replies are much appreciated. I need to do undertake some research into the FLR(M) on their behalf.

Could there be any risks in submitting a new application?

[Amber]

No, ILR is accepted for FLR(M) as the sponsor is settled. The issue may be that she should have left the Country to make the application. The main risk for FLR(M) is that she does not meet the financial requirement in the future, but both her and the sponsors income can be included.