I'm unclear as to whether I'm eligible for ILR as yet.

[unclearinfo]

Hello all,

I was granted discretionary leave (3yrs) based on family life in 2010, having lived with my partner in the UK since 1999.

However, since then I have married my partner and was granted a spouse visa in 2013 for 33 months as we applied from aboard.

My visa expires this year (2015) but I'm not clear if my next step is yet another extension (I will be applying from the UK) or am I now eligible for ILR ?

I would very much appreciate it, if anyone has a clear and precise view.
I have read the eligibility criteria for ILR and the guidance notes for both SET(M) and FLR(M) and I'm still unclear.

Thank you.

[CR001]

It should be an extension on FLR(M) for a further 2.5 years. NHS Surcharge is also payable in addition to the visa fee.

[unclearinfo]

Thank you for your answer.
I was told when I received the spouse visa that my next application would be ILR, thus my confusion.

[CR001]

What is your full immigration history since you have been in the UK?

[CR001]

I was told when I received the spouse visa that my next application would be ILR, thus my confusion

Who advised you of this?

I have based my answer on your current visa being for 33 months as it was issued in 2013, after the rule changes in July 2012 where 5 years residence on a spouse visa is required before ILR.

[unclearinfo]

Information was given to me by the UKBA official in the country where I received my spouse visa.

I have been in the UK since 1984 on various visas but had overstayed in the latter years and after being told by a solicitor that after 14 years overstay I would be able to apply for ILR, I was caught on the wrong side of yet another change in Immigration rules, I was then granted 3 years discretionary leave in 2010.

Final question.
Does my 3 yrs DL not count in the equation ?

[CR001]

Final question.
Does my 3 yrs DL not count in the equation ?

I am not sure if the time spent of DL would count towards the 5 years residence. Perhaps one of the other mods could confirm.

[physicskate]

Final question.
Does my 3 yrs DL not count in the equation ?

I am not sure if the time spent of DL would count towards the 5 years residence. Perhaps one of the other mods could confirm.

DLR is a 6 year path. Surely, the 20 year concession could apply if residence has been continuous???

[CR001]

Final question.
Does my 3 yrs DL not count in the equation ?

I am not sure if the time spent of DL would count towards the 5 years residence. Perhaps one of the other mods could confirm.

DLR is a 6 year path. Surely, the 20 year concession could apply if residence has been continuous???

@physicskate - yes agree on the 6 year path for DL but as OP has switched to 33 month spouse visa, is DL time included in the 5 years residence for spouse? Perhaps the OP would have been better off extending DL for a further 3 years.

[Amber]

20 years residence is only for an extension of leave not settlement, so N/A.
Should have extended on DLR, an error (potential negligence if by advisor) to switch to Appendix FM.
5 year route to settlement now, DLR not counted.

[CR001]

Thanks Amber, I thought that would be the case. Perhaps OP thought it would be a quicker route to switch to spouse visa to obtain ILR.

[unclearinfo]

Thanks Amber, I thought that would be the case. Perhaps OP thought it would be a quicker route to switch to spouse visa to obtain ILR.

Many thanks to all for your comments and pointing me in the right direction.
Just for the record, I never thought there was a quick fix route re immigration matters !

Thank you.

[CR001]

I didn't say 'quick fix', I said a quicker route, i.e. 2 years on spouse visa (under the old rules).

So it will be FLR(M) for a further 2.5 years, meeting all the requirements again that you met for your initial spouse visa.

[unclearinfo]

Hello,
My current spouse visa which was granted outside the UK expires in December 2015 (33 months).
As I am applying from within the UK for a further 30 months on a FLRM, am I correct in thinking that my only option is to apply 28 days before the stated expiry date on my visa i.e November 2015 or am I able to submit an application after having completed 30 months i.e in September 2015 ?

I would very much appreciate some clarity.
Thank you.

[vinny]

You may apply for extensions at any time, preferably before expiry of leave.

However, the period of leave of 30 months may be granted from the date for the decision. You may apply for SET(M) no sooner than 28 days prior to the 5th anniversary of your initial entry on the partner visa and preferably before your leave expires.

Make sure that you have a sufficient window of time to apply for SET(M) after the grant of FLR(M).

[unclearinfo]

Hi Vinny,

Thankyou for your helpful reply to my query.

Just to clarify the position - I am not yet eligible to apply for ILR as I will only have completed 33 months of my spouse visa and the decision was made after 9th July 2012. Therefore, as I understand it, I am still in the 5 year stream and can only apply for a further extension of leave using form FLR(M) at this stage.

However, from your reply, it seems that I do not have to delay my FLR(M) extension application to just 28 days before the stated expiry date on the visa, as in the case of SET(M) applicants applying for ILR.

Although my current spouse visa expires in mid December 2015, as I now understand it from your reply, instead of having to wait until mid November 2015, I am at liberty to apply any time before expiry. e.g. in September 2015.

Have I understood this point correctly and does this option relate to both postal and PEO applications ?

This point is incredibly important for me to clarify now as it greatly affects my spouse's work travel plans.

I look forward to receiving your reply.

Many thanks.

[vinny]

When did you initially enter the UK on the partner/spouse visa?

[unclearinfo]

I left the UK before the expiry of my 3 year DLR visa at the end of 2012.

My first partner spouse visa granted under FLR(M) was issued on 14th March 2013 from outside the UK. This visa expires on 14th December 2015.

I travelled back to the UK with my husband on 10th August 2013 with my first partner spouse visa.

I hope this further information helps you to confirm what is the earliest date that I can reapply for a further extension of leave on form FLR(M) from within the UK. i.e.

a) Is it 28 days before December 14th 2015 (or)

b) Anytime after 14th September 2015 (i.e. 30 months after the first spouse partner visa issue date)

Many thanks. Much appreciated.

[physicskate]

I left the UK before the expiry of my 3 year DLR visa at the end of 2012.

My first partner spouse visa granted under FLR(M) was issued on 14th March 2013 from outside the UK. This visa expires on 14th December 2015.

I travelled back to the UK with my husband on 10th August 2013 with my first partner spouse visa.

I hope this further information helps you to confirm what is the earliest date that I can reapply for a further extension of leave on form FLR(M) from within the UK. i.e.

a) Is it 28 days before December 14th 2015 (or)

b) Anytime after 14th September 2015 (i.e. 30 months after the first spouse partner visa issue date)

Many thanks. Much appreciated.

You will need to reach 5 years on your spouse visas... which means you might need a second extension as you delayed your initial (re)entry by more than 3 months. I would apply for your FLR (M) just before your current visa expires by post, as this might take a couple of months to process (if you are lucky), allowing your extension to take your visa validity to 28 days before 10 August 2018...

[unclearinfo]

Hi Vinny,

I am posting this reply to you as you are familiar with the prior discussion threads. I still have not received a clear answer to my last question as to the first possible date I can apply for an extension on FLR(M). Please review my answers to your last question between the dotted lines and advise accordingly. Many thanks.

--------------
I left the UK before the expiry of my 3 year DLR visa at the end of 2012.

My first partner spouse visa granted under FLR(M) was issued on 14th March 2013 from outside the UK. This visa expires on 14th December 2015.

I travelled back to the UK with my husband on 10th August 2013 with my first partner spouse visa.

I hope this further information helps you to confirm what is the earliest date that I can reapply for a further extension of leave on form FLR(M) from within the UK. i.e.

a) Is it 28 days before December 14th 2015 (or)

b) Anytime after 14th September 2015 (i.e. 30 months after the first spouse partner visa issue date)

Many thanks. Much appreciated.
--------------------------------------------

[physicskate]

Hi Vinny,

I am posting this reply to you as you are familiar with the prior discussion threads. I still have not received a clear answer to my last question as to the first possible date I can apply for an extension on FLR(M). Please review my answers to your last question between the dotted lines and advise accordingly. Many thanks.

--------------
I left the UK before the expiry of my 3 year DLR visa at the end of 2012.

My first partner spouse visa granted under FLR(M) was issued on 14th March 2013 from outside the UK. This visa expires on 14th December 2015.

I travelled back to the UK with my husband on 10th August 2013 with my first partner spouse visa.

I hope this further information helps you to confirm what is the earliest date that I can reapply for a further extension of leave on form FLR(M) from within the UK. i.e.

a) Is it 28 days before December 14th 2015 (or)

b) Anytime after 14th September 2015 (i.e. 30 months after the first spouse partner visa issue date)

Many thanks. Much appreciated.
--------------------------------------------

As I already told you, leave it as late as possible, but before your current visa expires...

You will not be eligible for ILR until 28 days before 10 August 2018, and your next visa will only be valid for 30 months. Working backwards, 30 months before August 2018 is the 10th of Feb 2016. To bridge the gap between the expiry of your current visa and your eligiblity date for ILR, apply for your FLR(M) just before its expiry.

You *could* apply for your extension at any time, but I am trying to help you avoid an extra extension with all its associated fees!

[unclearinfo]

Hi Physics Kate,

Thankyou for your thoughtful clarification re: an advisable date to apply for my extension of leave on FLR(M), in order to avoid further unnecessary costs associated with an additional extension further down the line. I am now clear on that.

Where I am now confused is that it was my clear understanding - from everything we read on the UKBA site and were told by consular staff - that the ISSUE DATE of my first spouse visa (i.e. 14th March 2013) was of key significance in the calculation of the 5 year route to ILR, NOT the date on which I re-entered the UK on that particular visa (i.e. 10th August 2013)

Ultimately the date I re-entered the UK was related entirely to my husband's overseas work schedule, not for any purpose other than to accompany him.

Furthermore, we were told specifically that the reason why 33 months was granted for spouse visas issued outside the UK (in place of 30 months for those issued within the UK) was to assist overseas applicants in the drawing up of advanced travel plans, given that UKBA advice clearly stipulated not to make any concrete travel plans whilst the visa application was being processed.

It seems as if we are now being penalised as a result of my husband's work and where it takes him, given that he needs to travel extensively and we as a married couple do not wish to be living apart any more than we absolutely have to.

Are there discretionary grounds available, in a case such as this, for selecting the VISA ISSUE DATE as opposed to the DATE OF FIRST ENTRY on the first spouse visa, when calculating the application eligibility date for ILR on a 5 year route ?

It seems incredible that a potential 7.5 years would be required to fulfil ILR eligibility on a 5 year route, especially if the applicant had valid reasons to delay entry into the UK by a few months after the issuance of the first spouse visa, as in my case.

I look forward to your considered reply on this complex matter. Many thanks.

[vinny]

Where I am now confused is that it was my clear understanding - from everything we read on the UKBA site and were told by consular staff - that the ISSUE DATE of my first spouse visa (i.e. 14th March 2013) was of key significance in the calculation of the 5 year route to ILR, NOT the date on which I re-entered the UK on that particular visa (i.e. 10th August 2013)

Unfortunately, it has always been the case that the date of initial entry on the appropriate visa was the start of the probationary qualifying period for ILR. 

For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category, leave to enter should begin on the date they arrive in the UK. This will ensure that they are able to meet the qualifying period within the validity of their entry clearance and avoid unnecessary applications for extensions of stay.

The other significant date may be the date of application, as this may determine which Immigration rules people may be subject to, if there was a change in the immigration rules, subject to any transitional provisions. If you had applied for a spouse visa prior to 9th July 2012, then you would have been subject to the two-year qualifying period for SET(M) under the old rules.

Prior to 1st April 2003, the probationary qualifying period for SET(M), for spouses/civil or unmarried partners was twelve months. Between 1st April 2003 and 8th July 2012, it was increased to twenty four months. Following TA, the validity of a spouse/civil or unmarried partner visas was increased from twenty four months to 27 months (282, 295B), to give them more time to enter. From 9th July 2012, the probationary qualifying period for SET(M) increased from two years to five years. There was a corresponding increase in the validity of entry clearance from twenty seven months to thirty three months (D-ECP).

Worker category applicants who are eligible for SET(O) have a three months initial entry concession instead of an increase in validity of entry clearance.

You may have qualified for SET(O) in 2016, had you extended your DLR.

When applying for SET(M), there are no provisions to amalgamate leave under a different category in E-ILRP.1.3. However, see also Options.