Do we have the possibility of switching?

[Vickipash]

Hello all

My husbands visa is up for renewal, and I’d like to understand if there is any possibility of switching.

He is currently on a 10 year route (he is Albanian). We’ve had lots of people say in passing we should be able to switch to a 5 year route. Obviously if we can, we’d love to do so purely due to the rising costs! Every 2.5 years is costly.

He was granted a period of 30 months limited leave to remain on the 10 year partner route under paragraph D-LTRP .1.2 of appendix FM. Basically they said he didn’t meet the requirements because he was is breach of immigration laws (here without a visa) but because I was pregnant, they allowed him. This is the second time renewing now, so 5 odd years done.

Any help and advice appreciated. Thanks

[Casa]

Due to your husband's previous period of leave when he was without legal residence in the UK, and the concession given to grant the 10 year FLR(FP) visa, he will need to complete a further 5 years before qualifying for ILR.

[secret.simon]

This is the second time renewing now, so 5 odd years done.

Even if you switch to the FLR(M)/spousal route, you will not benefit in any way.

Your husband will need to spend five years on the FLR(M)/spousal route in order to qualify for ILR. That clock will therefore start from zero when he switches to FLR(M). His earlier time in the UK on a different visa will not count towards the five years anyway.

So, whether he stays on his existing visa or moves to a spousal visa, he will need to wait for a further five years anyway.