5 year route ILR as partner

[johnson8821]

Help needed!

I am currently holding a settlement visa (granted January 2017). My wife has legally lived in the U.K. for almost 10 years. However, her situation currently is very awkward. Please let me explain:

She started as a student for 4 years, then 1 year PSW, then Tier 1 entrepreneur for another 3 years. During the 3-year time, we got married and she stopped her business. Last year, she got Tier 2 dependent visa (I was Tier 2 by that time) until now. I got my settlement visa Jan 2017, she has not changed her visa since the last Tier 2 dependent visa yet.

Issue 1: over the past 10 years, she has certainly left the country over the 540 days limit mostly due to business travels. Does this mean the last 10 years are wasted completely?
Issue 2: does she needs to change to a different dependent visa as I now have different visa status?
Issue 3: If she still wants to obtain ILR, what would be the shortest route (in time)?

My sincere thanks to your patience in reading this and giving your invaluable suggestions.

Regards

[CR001]

Issue 1: over the past 10 years, she has certainly left the country over the 540 days limit mostly due to business travels. Does this mean the last 10 years are wasted completely?

Probably yes. How many days absence does she have (excluding departure and re-entry days).

Issue 2: does she needs to change to a different dependent visa as I now have different visa status?

On what basis did you get ILR - 5 years Tier 2 G or 10 years long residence?

Issue 3: If she still wants to obtain ILR, what would be the shortest route (in time)?

Depends on your answers to Issue 1 and 2.

[johnson8821]

Issue 1: over the past 10 years, she has certainly left the country over the 540 days limit mostly due to business travels. Does this mean the last 10 years are wasted completely?

Probably yes. How many days absence does she have (excluding departure and re-entry days).

Issue 2: does she needs to change to a different dependent visa as I now have different visa status?

On what basis did you get ILR - 5 years Tier 2 G or 10 years long residence?

Issue 3: If she still wants to obtain ILR, what would be the shortest route (in time)?

Depends on your answers to Issue 1 and 2.

Thank you so much for your reply

Issue 1 reply: total of 744 days including a trip of 89 days to handle her father passing away
Issue 2: I get my ILR based on 10 years long residence

Please advise further. Thanks again

[CR001]

1. Excessive absence, unlikely she will be successful for long residence ILR.

2. She should switch to FLR(M). There is no 'short route' to ILR. Unless she has absence within the limit for long residence at some point, she will need 5 years on FLR(M) to qualify for ILR.

[johnson8821]

1. Excessive absence, unlikely she will be successful for long residence ILR.

2. She should switch to FLR(M). There is no 'short route' to ILR. Unless she has absence within the limit for long residence at some point, she will need 5 years on FLR(M) to qualify for ILR.

Thanks for your fast reply. Two more further quick questions regarding this issue.

1. I just made a quick calculation, on 22/09/2019, she will have 553 which still include the absence due to father passing away, do you think that this is acceptable?

2. Does she have to switch immediately to FLR (M) or can she wait for a couple of months more before current one expires?

[CR001]

1. I just made a quick calculation, on 22/09/2019, she will have 553 which still include the absence due to father passing away, do you think that this is acceptable?

She should ideally get this to a maximum of 540 or lower. There have been members reporting refusals even with evidence of compassionate circumstances and directly family members cancer/death.

2. Does she have to switch immediately to FLR (M) or can she wait for a couple of months more before current one expires?

No she doesn't have to switch immediately, but risky if she needs to travel and she hasn't switched to FLR(M).

[johnson8821]

1. I just made a quick calculation, on 22/09/2019, she will have 553 which still include the absence due to father passing away, do you think that this is acceptable?

She should ideally get this to a maximum of 540 or lower. There have been members reporting refusals even with evidence of compassionate circumstances and directly family members cancer/death.

2. Does she have to switch immediately to FLR (M) or can she wait for a couple of months more before current one expires?

No she doesn't have to switch immediately, but risky if she needs to travel and she hasn't switched to FLR(M).

Thanks!!!!!!

One thing to clarify on the second point, which I forgot to say. I got my ILR based on 10 years route, however, my last visa before settlement is Tier 2. And the website wasn't clear enough on what to do exactly.

Thanks again

[CR001]

One thing to clarify on the second point, which I forgot to say. I got my ILR based on 10 years route, however, my last visa before settlement is Tier 2. And the website wasn't clear enough on what to do exactly.

When does her current visa expire? She will be unable to extend her tier 2 general visa. The is required to change to FLR(M) because you applied based on long residence and not 5 years tier 2 general. The rules changed 3 years go regarding this.

immigration-for-family-members/dependan ... 43881.html

[johnson8821]

When does her current visa expire? She will be unable to extend her tier 2 general visa. The is required to change to FLR(M) because you applied based on long residence and not 5 years tier 2 general. The rules changed 3 years go regarding this.

Current visa expires on 14/03/2018, and since she has excessive absence, no plans to travel before visa expires. So I guess we can wait a bit and apply FLR (M) when time comes?

Thank you

[CR001]

Correct yes.

[johnson8821]

My wife is planning to go for the 5 year route ILR as my partner. Sorry if this has been asked, but we couldn't find a very succinct statement how many days she can leave the UK during the 5 years period? (like the 540 days for 10 years route)

I only read something that says the leave should be for good reasons such as holiday, training etc. The problem is that she has to go back to her home country at least once every year and usually for 1-2 months for family reasons, and I cannot travel with her during that time. I am very worried on whether this will cause issues at the end of the 5 years period.

Thank you so much, as usual, in advance for helping out here.

[CR001]

There is no absence limit if she applies for ILR based on 5 years FLR(M) spouse visa.

Has she switched from PBS dep to FLR(M) yet???

[johnson8821]

There is no absence limit if she applies for ILR based on 5 years FLR(M) spouse visa.

Has she switched from PBS dep to FLR(M) yet???

We are planning to do this month. Are you suggesting something?

Thank you again for your reply

[johnson8821]

Also, moving the other question to here

My question is if my wife apply 5 year route dependent visa now, and I become a citizen next year, will she needs to reapply since my status change, and hence clock reset?

[CR001]

There is no absence limit if she applies for ILR based on 5 years FLR(M) spouse visa.

Has she switched from PBS dep to FLR(M) yet???

We are planning to do this month. Are you suggesting something?

Thank you again for your reply

You are posting your questions in the ILR sub forum, so presumably, you are asking about ILR

You posted at Fri Jun 09, 2017 8:52 pm last night :

My wife is planning to go for the 5 year route ILR as my partner

So anyone offering advice would assume your spouse is applying for ILR.

She is required to extend on FLR(M), which is not ILR and not relevant to this sub forum. So perhaps you can state fact accurately if you expect anyone to offer the CORRECT advice.

[johnson8821]

Sorry I have misunderstood you CR001. Yes my wife is planning to apply for FLR(M), not ILR.

And the questions is on once she got FLR(M), will me becoming a citizen from settled person affect her status/visa application toward ILR in future.

[vinny]

No affect.