can i switch 10 year partner route to 5 year partner route?

[taz23]

Hi

My partner entered the uk in may 2012 on spouse visa. His visa expired in july 2014. As we applied late we could not apply for extension. The solicitor recommended the 10 year partner route as no financial requirements were needed and due to my hubby being an overstayer - went over by 3 months ( neither my hubby or myself was working due to hubby being overstayer and was illegal to work and i had a child who was 12 months and was pregnant again) . We applied through solicitors on 10 yr partner route in nov 2014 and hubby was granted visa of 30 months in jan 2015. I wanted to know if we can switch visa to 5 year partner route although hes on the 10 yr partner route. How will he be eligible to switch? What are the requirements? Also my hubby is currently working..earning 11 000 a year..but if he does extra shifts he can be earning up to 16-18 000). Has anyone been successful switching routes this year? What were the requirements? I want to switch as 10 yr is a long time to settlement. Also if we go on 5 yr route does the financial requirement has to stay the same..will it still depend on that?

Need help as confused !!

Thank you

[secret.simon]

In order to assist you, we need more information.

a) What is your status? Are you a British citizen, an EEA citizen, on ILR or on another visa?

b) What form was used by the solicitor to get the visa in November 2014?

c) On what basis had your partner arrived in the UK?

The 5 year partner route requires the couple to earn atleast £18600 per annum (more if there are non-British/non-EEA children born to the couple). The earnings requirement is only likely to go up. Indeed, there were press reports at the time that the Conservatives wanted to put it up to £40000, but that the Lib Dems forced it down. Now that the Lib Dems have been wiped out...

The 10 year settlement route is for any continuous legal stay of 10 years. Currently, to the best of my knowledge, there is no earnings requirement for this route. The earliest that your partner would be eligible would be January 2025.

Be aware that as he has overstayed, the earliest he can apply for citizenship is 10 years after he regularised his status anyway.

These are the rules at the moment and they are liable to change (quite frequently).

[taz23]

Thank you for your reply.

Yes i am british born and i have 2 british children with my husband.

The solicitor filled out flr fp form for 10 year route as partner. My husband came to the uk on a spouse visa. I had read somewhere that if your eligible then you can switch. But i wanted to know if we meet the financial requirements between us. Can a switch be possible? He has the b1 esol certificate and is preparing himself for LITUk test.

Thank you

[Zee ali]

Thank you for your reply.

Yes i am british born and i have 2 british children with my husband.

The solicitor filled out flr fp form for 10 year route as partner. My husband came to the uk on a spouse visa. I had read somewhere that if your eligible then you can switch. But i wanted to know if we meet the financial requirements between us. Can a switch be possible? He has the b1 esol certificate and is preparing himself for LITUk test.

Thank you

Hi Taz

Just to clarify there is no 5 years partner route on flr fp.

but there is a 5 years parent route. As we all know HO never want somebody to get ILR quickly. So they always put people on 10 years partner or parent route.

Even if u apply under 5 years parent route, They put u on 10 years parent route.

[taz23]

Hi zee ali

Thank you for your reply.

I know on flr fp theres no 5 yr partner but what if i want to switch flr fp to flr m - 5 year partner route provided our both incomes meet a total of 18600 a year? Is tht possible with taken into account that my hubby previously applied late and was overstayed by 4 months? Will that be taken into account for refusal?

[secret.simon]

...but there is a 5 years parent route.

I wasn't aware that there was a 5 year parent route.

Is tht possible with taken into account that my hubby previously applied late and was overstayed by 4 months?

If your partner were to switch to FLR(M), his clock would be reset and he would need to complete five years anew anyway. His previous stay won't count. He will still only be able to apply for citizenship after 10 years of becoming legally resident (whether flr(fp) or flr(m)).

[taz23]

The reason i was enquiring about the 5 yr route as it is a quicker route to settlement/ILR. Atleast that way just need to give 2 applications for extensions before ILR Whereas in 10 year route have to give 4 applications..i dont mind resetting the years as he received his 10 year route visa this year so hasnt been too long. I just want to be fully sure that i can switch or not? The solicitor said once we are on this route we cannot change. Thats why confused because so many people in these forums have said you can switch.

[taz23]

Hi
Wanted to know in my situation if i can switch routes from 10 yr to 5 year partner? I still havent received any positive reply for me to take it the switch forward. Don't want to waste money.
Thank you

[March_LR14]

Hi
Wanted to know in my situation if i can switch routes from 10 yr to 5 year partner? I still havent received any positive reply for me to take it the switch forward. Don't want to waste money.
Thank you

Hi taz23,

Yes you can switch to 5 year FLR M route.

I have successfully applied for my wife on tuesday 07th july for FLR M. she previously had 10 year partner route visa and she previously overstayed her visa.

Make sure you meet the financial and english language requirement.

Regards

[PrestonLancs]

Yes, you can change from 10 year route to 5 year. But, only if you meet the requirements. As has already been mentioned, the financial requirement is minimum £ 18600 per year ( not a single penny less).

Also keep in mind that it will be a new 5 years period, and all old residence will be wiped off.

Also be very careful, that this strict financial criteria will have to be met twice more. Once after 2.5 years, and once again at the time of ILR. There is lots of technicalities and papers required. The whole plan will fail again, if at any of these two stages you do not meet financical requirements.

In my opinion, right now you are in a very good position, as your husband is on an "easy" route now. Every 2.5 years, its pretyy much just a case of filling up the form and getting an extension.

The 5 year route you want to go, is much more difficult and more likely to go wrong.

If you go on five years route, you need to make three further applications.

If you stay on the current route, you still only need to make 3 further application.

If I were you, I would let your husband stay on current route. Longer but very easy route.