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can I use 2 separate 5 year route periods for ILR?
Posted: Sun Mar 24, 2024 4:53 pm
by linealive
Background:
2016 my wife was on 5 year spouse route.
2019 extension: my wife was moved against her will to 10 year route.
2022 extension: my wife was back on the 5 year route.
November 2024 current visa expires, I want to apply for ILR using 2 separate 5 year routes.
FIND ME A SOLUTION PLEASE.
Re: can I use 2 separate 5 year route periods for ILR?
Posted: Sun Mar 24, 2024 5:19 pm
by secret.simon
linealive wrote: ↑Sun Mar 24, 2024 4:53 pm
2016 my wife was on 5 year spouse route.
2019 extension: my wife was moved against her will to 10 year route.
2022 extension: my wife was back on the 5 year route.
Presumably the first and last LRs were FLR(M) and the one in the middle was an FLR(FP) because she failed to meet one of the requirements (possibly income or language?).
ILR generally requires five
continuous years the same visa or 10 years of a mix of visas. She'll need to extend her existing five year spousal visa yet again (and make sure that she does meet the requirements) before the expiry of her existing FLR(M) before applying for ILR.
Depending on the dates, she will be eligible for ILR either under the spousal route or under Long Residence or both in 2026.
Re: can I use 2 separate 5 year route periods for ILR?
Posted: Sun Mar 24, 2024 5:22 pm
by CR001
2019 extension: my wife was moved against her will to 10 year route.
Incorrect. This only happens when the applicant fails to meet the mandatory requirments of either/both English and financial.
Re: can I use 2 separate 5 year route periods for ILR?
Posted: Sun Mar 24, 2024 7:20 pm
by linealive
secret.simon wrote: ↑Sun Mar 24, 2024 5:19 pm
linealive wrote: ↑Sun Mar 24, 2024 4:53 pm
2016 my wife was on 5 year spouse route.
2019 extension: my wife was moved against her will to 10 year route.
2022 extension: my wife was back on the 5 year route.
Presumably the first and last LRs were FLR(M) and the one in the middle was an FLR(FP) because she failed to meet one of the requirements (possibly income or language?).
ILR generally requires five
continuous years the same visa or 10 years of a mix of visas. She'll need to extend her existing five year spousal visa yet again (and make sure that she does meet the requirements) before the expiry of her existing FLR(M) before applying for ILR.
Depending on the dates, she will be eligible for ILR either under the spousal route or under Long Residence or both in 2026.
Please expand on your answer "ILR
generally requires five continuous years." In which situation can the five years be separate then ?
Re: can I use 2 separate 5 year route periods for ILR?
Posted: Sun Mar 24, 2024 7:26 pm
by CR001
In which situation can the five years be separate then ?
No. It needs to be 5 consecutive years under the same visa route and immigration rules, ie 5 years FLR M.
The 5 year and 10 year routes have different immigration rules
Re: can I use 2 separate 5 year route periods for ILR?
Posted: Sun Mar 24, 2024 8:35 pm
by secret.simon
linealive wrote: ↑Sun Mar 24, 2024 7:20 pm
Please expand on your answer "ILR
generally requires five continuous years." In which situation can the five years be separate then ?
Some immigration routes, such as Global Talent or Innovator or Start-up, allow for ILR in less than five years if specific conditions are met. Therefore I generalised.
In your particular circumstance, your wife is on a spousal visa FLR(M), which requires five continuous years on that specific visa. There is no way around that. You will have to extend it at least once more. She would be eligible after five continuous years on FLR(M) or 10 years across all her visas (the 10 years starting from her date of arrival in the UK and thereafter maintaining continuous residence in the UK).