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ILR - switch from spouse visa applied before july 9 2012

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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rwatanabe
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Posts: 16
Joined: Thu Apr 22, 2010 9:43 am

ILR - switch from spouse visa applied before july 9 2012

Post by rwatanabe » Fri Apr 05, 2013 7:48 pm

I'm just trying to get my head round this.

- I applied for Spouse visa before 9 July 2012
- I received my spouse visa after 9 July 2012 (Feb 2013) and the length given is 2 years

Now the question so when I come to applying for the ILR, will they consider this by the rules that were in place before july 9 2012? In other words, would i be able to apply for the ILR after two years rather than the new 5 year rule?

I'd be really grateful if anyone could help me with this question

Thank you!

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: ILR - switch from spouse visa applied before july 9 2012

Post by Amber » Fri Apr 05, 2013 8:39 pm

rwatanabe wrote:I'm just trying to get my head round this.

- I applied for Spouse visa before 9 July 2012
- I received my spouse visa after 9 July 2012 (Feb 2013) and the length given is 2 years

Now the question so when I come to applying for the ILR, will they consider this by the rules that were in place before july 9 2012? In other words, would i be able to apply for the ILR after two years rather than the new 5 year rule?

I'd be really grateful if anyone could help me with this question

Thank you!
I assume your were on a family route visa before your application? Did you have to show an £18k annual salary?
**this forum is not intended to be a substitute for professional advice**
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Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: ILR - switch from spouse visa applied before july 9 2012

Post by Greenie » Fri Apr 05, 2013 9:17 pm

rwatanabe wrote:I'm just trying to get my head round this.

- I applied for Spouse visa before 9 July 2012
- I received my spouse visa after 9 July 2012 (Feb 2013) and the length given is 2 years

Now the question so when I come to applying for the ILR, will they consider this by the rules that were in place before july 9 2012? In other words, would i be able to apply for the ILR after two years rather than the new 5 year rule?

I'd be really grateful if anyone could help me with this question

Thank you!
you can apply 28 days before you complete your two years.

elv15
Member
Posts: 134
Joined: Mon May 10, 2010 1:37 pm

Post by elv15 » Sat Apr 06, 2013 8:58 am

I think you are on the old rules because under the new rules your visa would have been given for 3 years initially. When you got your spouse visa did they not send you a letter telling you when you can apply for ILR?
Please note that what i post is only a personal opinion. Im no expert lol.

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Post by [iD] » Sat Apr 06, 2013 10:03 am

Regardless of when UKBA took the decision on your application, as long as the application was made under the old rules, old rules apply to you.
Goodluck.

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