Eligibility

[osiko]

Hey all, have need of some guidance regarding ILR and visa issues. Will try to be brief. I've been in the UK 5.5 years, the first two years on a Tier 5 and then moved to an EEA spousal visa. This visa runs out Sept 2022 at which point I will have been in the UK 5 years on a non Tier 5 visa. Prior to the pandemic I split with my former partner with whom I'd obtained the EEA visa and am now with another partner. This new partner is British and we intend to marry early next year.

From my research I understand that I cannot apply for ILR as I have split from the partner that I was linked with originally. Is that the case? When my new partner and I marry do I then need to restart the clock as it were on the 5 year cycle to get ILR or will those 5 years count?

[CR001]

Were you married or unmarried partner of an EU citizen??

If you were not married to your previous partner,your status likely ended when you split up.

If you marry a British citizen and apply for a spouse visa, your clock starts again from zero and a new 5 year route to il, 2 X 2.5 year visas

[osiko]

Hi, thanks for your response. My former partner and I were in an unmarried de facto relationship.

Ok so I’m guessing I then apply for a spouse visa when the time comes. I see you suggest my status likely ended when I split from my former partner, this has all occurred with the backdrop of COVID and being unable both physically and financially to return home. Is it likely that I face legal issues regarding my current status?