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Eligibility for ilr

Posted: Thu Aug 30, 2018 10:41 am
by javb
Hi
I have got the first UK visa on 21/6/11 and arrived in the UK on 26/7/11, category Tier1 post-study Partner
Then from 11/5/13, I got a tier1 entrepreneur partner visa
Then From 16/4/16, I got a spouse visa as my husband got British citizenship that will expire on 13/11/18
Now some people say that I can apply for ilr as my husband is British and I'm in the UK for more than 5 years and if I check the eligibility criteria on ukba website https://www.gov.uk/settle-in-the-uk questionnaire, it says yes I can apply and the following Eligibility message comes up
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

Now if somebody can guide me if I can apply for indefinite leave to remain?
if yes then which category?
Please if some experienced members can reply and advise on this would be nice.

Re: Eligibility for ilr

Posted: Thu Aug 30, 2018 11:31 am
by cyclina1
javb wrote:
Thu Aug 30, 2018 10:41 am
Hi
I have got the first UK visa on 21/6/11 and arrived in the UK on 26/7/11, category Tier1 post-study Partner
Then from 11/5/13, I got a tier1 entrepreneur partner visa
Then From 16/4/16, I got a spouse visa as my husband got British citizenship that will expire on 13/11/18
Now some people say that I can apply for ilr as my husband is British and I'm in the UK for more than 5 years and if I check the eligibility criteria on ukba website https://www.gov.uk/settle-in-the-uk questionnaire, it says yes I can apply and the following Eligibility message comes up
You need to have been living in the UK with a ‘partner of a settled person’ visa for:

2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012

Now if somebody can guide me if I can apply for indefinite leave to remain?
Not now because you just started your spouse visa in 2016. you need 5 years from 2016 to be eligible to apply ILR, which is 2021. You can also do by 10-year long residence, if you count from your first entry into the UK.

if yes then which category? SET(M). or SET(LR) in 2021.

Please if some experienced members can reply and advise on this would be nice.

Re: Eligibility for ilr

Posted: Thu Aug 30, 2018 11:34 am
by cyclina1
If you renew your dependent visa as Tier 1 dependent, you can apply now. Unfortunately you switched your visa to spouse visa in 2016.

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Re: Eligibility for ilr

Posted: Thu Aug 30, 2018 2:14 pm
by javb
Thanks for the reply, is there any other suggestion?

Re: Eligibility for ilr

Posted: Thu Aug 30, 2018 7:32 pm
by Casa
javb wrote:
Thu Aug 30, 2018 2:14 pm
Thanks for the reply, is there any other suggestion?
2021 is correct.