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Tier 1 to Spouse visa case: how to calculate 5 years for ILR

Posted: Mon Jan 21, 2013 10:18 am
by kokomarine
Hello,
My current visa, a 3-year Tier 1 General, is nearly running out
and I am now in the process of getting a Spouse Visa.
I know I can meet the 5 year requirement for ILR by getting 2 year extension on my Tier 1
but my job situation hasn't been stable enough to be qualified for the 2 year extension so hence the Spouse Visa.

My question is, would I still need to wait 5 years once I get the Spouse Visa?
I seem to remember reading something on the UKBA website saying otherwise (but can't remember now exactly where from!).

Thank you!

Posted: Mon Jan 21, 2013 10:47 am
by Greenie
You will need to wait about further 5 years from the date you are granted leave as a spouse.

Re: Tier1 before July 2012 and then FLR(M) after. Probation?

Posted: Mon Aug 12, 2013 9:45 am
by vinny
kokomarine wrote:I entered the UK with Tier1 General in 2010.
After 3 years (i.e. after July 2012), I got married and got FLR(M).
I thought I have to wait 5 years before applying for SET(M), but it looks like I have 2 years of probation period in the view of the recent new rules.

Am I right? Could anyone confirm this? Thanks!

Posted: Mon Aug 12, 2013 9:46 am
by vinny
When did you apply for FLR(M)?

Posted: Mon Aug 12, 2013 10:03 am
by kokomarine
vinny wrote:When did you apply for FLR(M)?
I applied for it November 2012 and received it April this year.

Posted: Mon Aug 12, 2013 10:15 am
by vinny
Greenie's answer is correct.

Posted: Mon Aug 12, 2013 10:22 am
by kokomarine
vinny wrote:Greenie's answer is correct.
I find it strange because I am kind of disadvantaged for being a PBS myself; if I were a partner of PBS, I would need to wait for 2 years. That's why I was asking.
Anyway, thanks for the answer.