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ILR route confirmation

Posted: Fri Jul 18, 2014 4:03 pm
by kid13
Hi All,

I was pretty sure about my partner's visa route, but after reading some posts here I would like some confirmation...

Brief history:

Fiance visa issued abroad: 2011
Date of first entry in UK: 2011 (same month as visa issued)
Fiance visa expired: June 2012

Spouse visa FLR(M) applied for and acknowledged May 2012
Spouse visa validity: Oct 2012-Oct 2014

Now we're coming up to end of FLR(M), am I right in thinking:
1) we are eligible for the 2 year route using the SET(M) form?
2) we can apply for ILR 30 days before the spouse visa ends this Oct?
3) after reading some posts, I'm querying whether we can apply for ilr 2 years after first entry in the UK (therefore end of last year, or is that only if we were already married when my partner entered the UK?)
4) the financial reqs doc https://www.gov.uk/government/uploads/s ... 140324.pdf is atrocious to comprehend. Only one of us is currently working, and the other was working up until this May, plus we have some savings - am I correct in thinking this won't be grounds for refusal? Anyone have experience of applying (successfully!) in a similar situation?

Thanks in advance for all help.
PS I know I referred to my 'partner', but we are actually married!

Re: ILR route confirmation

Posted: Fri Jul 18, 2014 11:54 pm
by Amber
Yes SET(M), 28 days before not 30, one job should be ok. B1 English and LIUK

Re: ILR route confirmation

Posted: Sat Jul 19, 2014 12:27 pm
by kid13
Thanks Amber. Partner's English test was aced, and now just getting ready to do the LIUK :roll:

So, even though the spouse visa was applied for in May 2012 but not issued until Oct 2012, we are still on the 2-year ILR route?

Is it as simple as knowing that if the spouse visa was issued for 2 years, then you can simply apply for ILR after 2 years? (I'm trying to understand it all, but if there's another post which explains the differences between the old 2-year route and new longer routes, I'd appreciate anyone sending me a link to it!).

All this talk about PBS and Tiers kind of clouds the issue for me, as it's not relevant in our case. However, will we need to prove how long my partner has been abroad these last 2 years (on holidays)?

Could we have applied for ILR 2 years after my partner entered the UK on a fiance visa? Or only 2 years after they'd stayed on the spouse visa?

Thanks

Re: ILR route confirmation

Posted: Sat Jul 19, 2014 1:39 pm
by Amber
Yes, 2 year route.

Re: ILR route confirmation

Posted: Sun Aug 03, 2014 9:12 pm
by kid13
Could someone please help clarify my understanding of Set(M) form, section 11B:

If my spouse originally came to the UK on a fiance visa, and we married in the UK before getting the FLR(M) in the UK, will we need to provide any evidence in section 11B (the marriage certificate and/or documents about dissolution of previous relationships)?

We provided that for the FLR(M), so I assume we won't need to provide it again - however would like some confirmation I've understood the instructions correctly! Thanks in advance.

Re: ILR route confirmation

Posted: Sun Aug 03, 2014 10:10 pm
by physicskate
kid13 wrote:Hi All,

I was pretty sure about my partner's visa route, but after reading some posts here I would like some confirmation...

Brief history:

Fiance visa issued abroad: 2011
Date of first entry in UK: 2011 (same month as visa issued)
Fiance visa expired: June 2012

Spouse visa FLR(M) applied for and acknowledged May 2012
Spouse visa validity: Oct 2012-Oct 2014

Now we're coming up to end of FLR(M), am I right in thinking:
1) we are eligible for the 2 year route using the SET(M) form? yes.
2) we can apply for ILR 30 days before the spouse visa ends this Oct? 28 days before visa expiry
3) after reading some posts, I'm querying whether we can apply for ilr 2 years after first entry in the UK (therefore end of last year, or is that only if we were already married when my partner entered the UK?) They have to have held FLR for two years under the old rules - AFTER the fiancé visa. It would have been two years from entry had you been married and the spouse entered on a spouse visa, not a fiancé visa.
4) the financial reqs doc https://www.gov.uk/government/uploads/s ... 140324.pdf is atrocious to comprehend. Only one of us is currently working, and the other was working up until this May, plus we have some savings - am I correct in thinking this won't be grounds for refusal? Anyone have experience of applying (successfully!) in a similar situation?

You fall under the old rules - you have to show that you have money to support yourselves. savings can be used.

Thanks in advance for all help.
PS I know I referred to my 'partner', but we are actually married!

Re: ILR route confirmation

Posted: Mon Aug 04, 2014 10:22 am
by kid13
Thanks physicskate.

Am I right in thinking I DON'T need to provide the marriage documents again for section 11B of Set(m)?