ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

When to apply 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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
pooleyc7
Newly Registered
Posts: 3
Joined: Wed Nov 05, 2014 9:50 pm

When to apply for ILR????

Post by pooleyc7 » Wed Nov 05, 2014 9:58 pm

Hi,

Me and my partner are on the 2 year spouse route and we were just wondering when we can apply for Indefinite leave to remain.

Is it 2 years after we got married or is it 2 years after the Visa was issued?

Many thanks

Malik44
Senior Member
Posts: 673
Joined: Fri Jul 13, 2012 2:25 am

Re: When to apply for ILR????

Post by Malik44 » Wed Nov 05, 2014 10:02 pm

If spouse visa issued before rules change in July 2012 then partners of settled person can apply ILR after 2 years and if issued after July 2012 than partners and spouse visa holder need to spend 5 years to qualify for ILR

pooleyc7
Newly Registered
Posts: 3
Joined: Wed Nov 05, 2014 9:50 pm

Re: When to apply for ILR????

Post by pooleyc7 » Wed Nov 05, 2014 10:06 pm

Thank you

However is it 2 years from the date we got married oct 2012 or 2 years from when we received the visa feb 2013?

User avatar
Casa
Moderator
Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: When to apply for ILR????

Post by Casa » Wed Nov 05, 2014 10:10 pm

If you received your visa in February 2013 it appears that you would have applied after 9th July 2012. If that's correct, at the end of the 2.5 year period you will need to apply for a further 2.5 year extension on form FLR(M). At the end of the 5 year probationary period you would then qualify for ILR.
The calculation is from the visa issue date, not the date of your marriage. To avoid confusion, what date did you submit the application?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

pooleyc7
Newly Registered
Posts: 3
Joined: Wed Nov 05, 2014 9:50 pm

Re: When to apply for ILR????

Post by pooleyc7 » Wed Nov 05, 2014 10:11 pm

We started the process in May 2012 with a fiancee visa and all the letters we have say we can apply for ILR after 2 years. Just needed to confirm when the two years started.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: When to apply for ILR????

Post by Obie » Wed Nov 05, 2014 10:17 pm

From the time she entered the UK.

28 days before the second anniversary of her entry.

The way you fomulated your question confused the previous contributors,
Smooth seas do not make skilful sailors

User avatar
Casa
Moderator
Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: When to apply for ILR????

Post by Casa » Wed Nov 05, 2014 10:30 pm

Bear in mind that even though she is under the pre-July 2012 rules, she will need to pass the Life in the UK test and B1 level English for ILR.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sherjan
Member
Posts: 118
Joined: Mon Apr 09, 2012 8:33 pm

Re: When to apply for ILR????

Post by sherjan » Sat Nov 08, 2014 6:34 pm

Hi

Initial visa issuance or Initial visa application before 09 July 2012?

This made me worried because my wife is going to apply for ILR in next 7 days under 2 years route.

She got her PBS dependent visa 23/7/2012 however she applied on 05/07/2012 before the rules changed on 09 July 2012.

Now question is that whether she can apply for ILR or not? any Help please?

Thanks

Sherjan

Locked