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ILR eligible if I got spouse visa August '11?

Posted: Wed Jan 16, 2013 7:33 pm
by gnpg
Hello

I've been reading through the first few pages of this forum and a lot of it has to do with families & dependents with shorter residence time.

I've been living in the UK since '07 on student visa, then PSW, married since june '11 & had residence permit as spouse since august '11.

I thought I had to fulfill 5 years on spouse visa before I was eligible for ILR but on the Border Agency website it says anything issued before July '12 goes by the "old rules".

Does that mean I can apply for the ILR now that I'm coming up to my 2nd year on the spouse visa?

Might be a simple question but the website is SO long-winded! I was also going to look sending off everything by June (visa expires on 26 August '13), but then I wouldn't have 24 months' worth of paperwork, do I have to wait till July?

Thank you in advance.

Posted: Wed Jan 16, 2013 7:40 pm
by CR001
You can apply for ILR up to 28 days before you current visa expires, which is anytime from 30th July - June is far too early and yes, you will have to wait till you get to this 28 day before expiry window.

but I can go for ILR?

Posted: Wed Jan 16, 2013 7:43 pm
by gnpg
CR001 wrote:You can apply for ILR up to 28 days before you current visa expires, which is anytime from 30th July - June is far too early and yes, you will have to wait till you get to this 28 day before expiry window.
Thank you for such a swift reply!

So I am eligible for the ILR rather than extending my spouse visa for another 3 years?

Posted: Wed Jan 16, 2013 7:45 pm
by CR001
Yes, because you applied before July 2012 and therefore you fall under the old rules, which is 2 years residence and as long as you meet all the other standard requirements.