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From Leave to Remain to Indefinite Leave to Remain

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Jamey
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From Leave to Remain to Indefinite Leave to Remain

Post by Jamey » Thu Nov 09, 2017 11:27 am

Hi,
I currently hold a Leave to Remain visa (since July 2017), which is on a 10-year route that would require renewals every 2 and half years, despite having a British wife & child. Can I switch to an Indefinite Leave to Remain (ILR) visa? If so, what are the requirements and how do I go about it?
Thank you all in advance.

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CR001
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Re: From Leave to Remain to Indefinite Leave to Remain

Post by CR001 » Thu Nov 09, 2017 11:41 am

No you can't. You would have to apply for FLR(M) spouse visa and wait the 5 years (2 x 2.5 year visas) before you can apply for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CMOSUK
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Re: From Leave to Remain to Indefinite Leave to Remain

Post by CMOSUK » Thu Nov 09, 2017 11:43 am

Jamey wrote:
Thu Nov 09, 2017 11:27 am
Hi,
I currently hold a Leave to Remain visa (since July 2017), which is on a 10-year route that would require renewals every 2 and half years, despite having a British wife & child. Can I switch to an Indefinite Leave to Remain (ILR) visa? If so, what are the requirements and how do I go about it?
Thank you all in advance.
Hi,

My understanding is you would have to complete qualifying period then you would be eligible to apply for ILR.

Although your spouse and child are British citizens and it would be a factor in your case, I'm afraid it is you who is under immigration control with the conditions set out before you and you would have to attain ILR on your own merits.
These are my 'views' and 'opinions'.
If in doubt always seek professional advice, or at least do a search for the relevant information. :P

If i make any mistakes, You are more than welcome to correct me.


Jamey
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Posts: 4
Joined: Wed Nov 02, 2016 7:39 am

Re: From Leave to Remain to Indefinite Leave to Remain

Post by Jamey » Fri Nov 10, 2017 9:45 am

CR001 wrote:
Thu Nov 09, 2017 11:41 am
No you can't. You would have to apply for FLR(M) spouse visa and wait the 5 years (2 x 2.5 year visas) before you can apply for ILR.
Hi CR001,
Thank for the insight.
That's the form I filled and got my present Visa. As I was given a 10 yr route, can i still apply for ILR after 5 years?

Jamey
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Posts: 4
Joined: Wed Nov 02, 2016 7:39 am

Re: From Leave to Remain to Indefinite Leave to Remain

Post by Jamey » Fri Nov 10, 2017 9:46 am

CMOSUK wrote:
Thu Nov 09, 2017 11:43 am
Jamey wrote:
Thu Nov 09, 2017 11:27 am
Hi,
I currently hold a Leave to Remain visa (since July 2017), which is on a 10-year route that would require renewals every 2 and half years, despite having a British wife & child. Can I switch to an Indefinite Leave to Remain (ILR) visa? If so, what are the requirements and how do I go about it?
Thank you all in advance.
Hi,

My understanding is you would have to complete qualifying period then you would be eligible to apply for ILR.

Although your spouse and child are British citizens and it would be a factor in your case, I'm afraid it is you who is under immigration control with the conditions set out before you and you would have to attain ILR on your own merits.
Thank you very much CMOSUK.

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