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Spouse visa after partner got ILR

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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cowboy
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Joined: Tue Jun 27, 2017 11:56 am

Spouse visa after partner got ILR

Post by cowboy » Tue Nov 20, 2018 11:54 am

Dear Members,

My wife came to UK April 2016 as dependent when i was on Tier1 Ent. I was change my visa to tier2 in Jan 2018 which was valid until Feb 2020 including my wife visa (PBS dependent) and my kid 1 year old got visa until Feb 2020. Now i have got my ILR (SET LR) in Oct 2018. i have applied for uk nationalization (MN1) for my kid as he was born in UK. i hope he will get the UK passport in 3-4 months.

Now my query is if i change my wife visa to spouse visa FLR(M) i think her visa clock will reset to zero and start 5 years from there to her ILR. can you please suggest me is there any way to avoid this?

Regards

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CR001
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Re: Spouse visa after partner got ILR

Post by CR001 » Tue Nov 20, 2018 1:57 pm

Now my query is if i change my wife visa to spouse visa FLR(M) i think her visa clock will reset to zero and start 5 years from there to her ILR. can you please suggest me is there any way to avoid this?
Nope, there is no way to avoid this if you applied for ILR based on long residence. The rules changed in April 2014.

It was avoidable if you had applied for ILR based on PBS route 5 years residence
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

cowboy
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Posts: 13
Joined: Tue Jun 27, 2017 11:56 am

Re: Spouse visa after partner got ILR

Post by cowboy » Tue Nov 20, 2018 3:12 pm

Hi CR001,

Thanks for the reply. I was thinking if my son got UK passport, is there any visa available for my wife as a parent?

Regards

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CR001
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Re: Spouse visa after partner got ILR

Post by CR001 » Tue Nov 20, 2018 3:15 pm

cowboy wrote:
Tue Nov 20, 2018 3:12 pm
Hi CR001,

Thanks for the reply. I was thinking if my son got UK passport, is there any visa available for my wife as a parent?

Regards
No, not if she is still in a subsisting relationship/marriage with you. It would in any event also be a 5 or 10 year route to ILR.

FLR(M) is the less complicated option.

There is no shortcut for her unfortunately.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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