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Which visa or ILR to apply for?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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stitaprajna
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Posts: 148
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Which visa or ILR to apply for?

Post by stitaprajna » Tue Jul 03, 2018 12:06 am

My wife had the below visa categories: HSMP --> Tier 1 ---> ILR ---> British Citizen. I married her when she had ILR and came to UK after marriage through the Spouse visa and first entered on 1 -aug-2013.

My UK spouse visa was valid from 18/06/2013 to 18/03/16.
I entered UK for the first time on the above visa on 1-aug-2013. I was in UK till 1-nov-13.
I went back to my home country and stayed there from ​1​-​Nov​-13 ​to ​31​-​Jan​-14​​ (92 days)​.
Once I am back from the above trip, I have always been in UK except for few trips of couple of weeks of holidays.
I renewed my spouse visa which was issued on 11-03-16 valid until 25-09-18. When I was renewing this visa, my wife was a british citizen.

Appreciate any help with below queries:
1. What visa category I should be renewing under and what is the earliest and latest dates that I can apply for renewal?
2. Do I qualify for ILR? If yes, when is the earliest and latest I can apply for ILR?
3. Can I give LIUK test now and for how long this will be valid ?
Many Thanks,
Stit

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Casa
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Re: Which visa or ILR to apply for?

Post by Casa » Tue Jul 03, 2018 12:24 am

stitaprajna wrote:
Tue Jul 03, 2018 12:06 am
My wife had the below visa categories: HSMP --> Tier 1 ---> ILR ---> British Citizen. I married her when she had ILR and came to UK after marriage through the Spouse visa and first entered on 1 -aug-2013.

My UK spouse visa was valid from 18/06/2013 to 18/03/16.
I entered UK for the first time on the above visa on 1-aug-2013. I was in UK till 1-nov-13.
I went back to my home country and stayed there from ​1​-​Nov​-13 ​to ​31​-​Jan​-14​​ (92 days)​.
Once I am back from the above trip, I have always been in UK except for few trips of couple of weeks of holidays.
I renewed my spouse visa which was issued on 11-03-16 valid until 25-09-18. When I was renewing this visa, my wife was a british citizen.

Appreciate any help with below queries:
1. What visa category I should be renewing under and what is the earliest and latest dates that I can apply for renewal? SET(M). No earlier than 28 days before the expiry of your current visa.
2. Do I qualify for ILR? If yes, when is the earliest and latest I can apply for ILR? Yes, see my answer above
3. Can I give LIUK test now and for how long this will be valid ? Whenever you're ready. The LIUK test doesn't expire. You also need B1 level English, unless you are under an exempt category.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

stitaprajna
Member
Posts: 148
Joined: Mon Nov 26, 2012 6:19 pm

Re: Which visa or ILR to apply for?

Post by stitaprajna » Mon Jul 16, 2018 11:41 pm

I want to be very sure what visa category I should be applying for renewal. There are some important corrections to the above posting hence I am repeating the same here with corrections in bold:

My wife had the below visa categories: HSMP --> Tier 1 ---> ILR ---> British Citizen. I married her when she had ILR and came to UK after marriage through the Spouse visa and first entered on 1 -aug-2013.

My UK spouse visa was valid from 18/06/2013 to 18/03/16.
I entered UK for the first time on the above visa on 1-aug-2013. I was in UK till 1-nov-13.
I went back to my home country and stayed there from ​1​-​Nov​-13 ​to ​22​-Feb​-14​​ (113 days)​.
Once I am back from the above trip, I have always been in UK except for few trips of couple of weeks of holidays.
I renewed my spouse visa which was issued on 11-03-16 valid until 25-09-18. When I was renewing this visa, my wife was a british citizen.

Now, to check if I can apply for ILR, I used the 'Find out if you can apply to settle in the UK' at https://www.gov.uk/settle-in-the-uk.

Here are my answers:
1. What's your situation?
You're the family member or partner of a British citizen

2. Did your family member or partner settle before they became a British citizen?
Yes

3. How did they settle?
On a work visa

4. What type of work visa did they settle with?
A tier 1, tier 2 or tier 5 visa
For the above , below info was displayed:
You can apply as the partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK
You may be eligible for settlement (‘indefinite leave to remain’) as the partner or child of a person who’s already settled using:

any tier 1 visa except Tier 1 (Graduate Entrepreneur) or Tier 1 (Post-Study Work)
a tier 2 visa
a Tier 5 (International Agreement) visa
If your partner or parent settled in another way, for example because they’d been in the UK for 10 years (‘Long Residence’), you cannot settle because of their work visa. You’ll need to apply to stay in the UK with a person settled in the UK .

Partners are 2 people in a genuine relationship - you must be able to prove one of the following:

you’re married
you’re in a civil partnership
you’ve been in a relationship for 2 years
You and your partner must intend to continue your relationship after you apply.

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012
When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds
If you’re 18 to 64 years old when you apply, you must also pass:

the Life in the UK Test
an English language test
When your application can be refused
Your application might be refused if, for example, you’ve:

got a criminal record in the UK or another country
provided false or incomplete information to the Home Office
broken UK immigration law
Read the guidance on why applications can be refused.

How to apply
You can apply online.

You can apply with form SET(O) instead. Send it to the address on the form or take it to a premium service centre. Check the form to find out which supporting documents you need.

After you apply, you’ll be asked to give your fingerprints and a digital photo (‘biometric information’).

Get help using a computer to apply online
You can get help with:

accessing a computer or the internet
finding the right information on GOV.UK
You cannot get advice on:

whether you’re eligible to apply
what information to put in your application
an application you’ve already made
Telephone: 03333 445 675
Monday to Friday, 9am to 5pm
Find out about call charges
Text: ‘VISA’ to 07537 416 944
visa@we-are-digital.co.uk

Children (dependants)
Your child under 18 can apply on your application form if they’re eligible.

Eligibility for children under 18
Your child must be under 18 and they:

have permission to be in the UK as the child of your partner (who is their other parent and is settled with a work visa)
are going to live with you and your partner and be supported by you without using public funds
are not married, in a civil partnership or living an independent life
are not working full-time
Even if your child meets these requirements, their application may be refused for other reasons, for example their immigration history. Read about why your child’s application might be refused.

Children aged 16 and over
If your child is 16 or older when you apply you’ll need to provide proof of where they live. Send 2 documents from this list:

bank statement
credit card bill
driving licence
NHS registration document
a letter from their current school, college or university, on headed paper and issued by an authorised official of that organisation
The documents you send cannot be more than a month old on the date you make your application.

You need to give details of any payments your child makes for rent or upkeep per month.

You must explain why if your child does not live with you and your partner. If it’s because they’re studying, you must send confirmation from the university or college on headed paper and issued by an authorised official.

You’ll also need to show that you’ve supported your child while they’re away by providing bank statements for you and your child covering the 3 months before the date you apply.

Fees
Who’s applying Apply by post Apply in person (premium service)
You £2,389 £2,999
All dependants £2,389 per person £2,999 per person
How long it takes
You’ll be told whether your application has been successful within 6 months.

You’ll be contacted if your application is complex and will take longer, for example:

if your supporting documents need to be verified
if you need to attend an interview
because of your personal circumstances, for example if you have a criminal conviction
Reading the above, I could not decide what visa category I need to apply for renewal this time.

Please could anyone take a detailed look and advise Appreciate ?
Many Thanks,
Stit

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CR001
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Re: Which visa or ILR to apply for?

Post by CR001 » Tue Jul 17, 2018 8:42 am

You cannot apply on Set O as you DO NOT hold a tier 1 or tier 2 dependent visa yourself for 5 years.

You hokd a spouse settlement visa and can only apply on Set M.
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.

stitaprajna
Member
Posts: 148
Joined: Mon Nov 26, 2012 6:19 pm

Re: Which visa or ILR to apply for?

Post by stitaprajna » Tue Jul 17, 2018 11:41 pm

CR001 wrote:
Tue Jul 17, 2018 8:42 am
You cannot apply on Set O as you DO NOT hold a tier 1 or tier 2 dependent visa yourself for 5 years.
Thank you @CR001 for your reply.
I am trying to reason it out why my visa renewal type should be settlement but I am not able to.
Please could you help me understand with bit more details? Please could you quote the lines from the above that infer my visa type as settlement?
Many Thanks,
Stit

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CR001
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Re: Which visa or ILR to apply for?

Post by CR001 » Wed Jul 18, 2018 6:30 am

You came to the UK on a spouse settlement visa as your spouse already had ILR when you apoed for your visa.

You did not come on a tier 1 dependent visa.

Spouse settlement visa for 5 years requires form SET M for ILR and not SET O which is for tier 1 dependent visa holders, a visa category you do not have.

If you apply on the wrong form, Set O, you ILR will likely be refused
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.

stitaprajna
Member
Posts: 148
Joined: Mon Nov 26, 2012 6:19 pm

Re: Which visa or ILR to apply for?

Post by stitaprajna » Sat Jul 21, 2018 11:18 pm

CR001 wrote:
Wed Jul 18, 2018 6:30 am
Spouse settlement visa for 5 years requires form SET M for ILR and not SET O which is for tier 1 dependent visa holders, a visa category you do not have.
Thanks again for your reply.
Are there any conditions like number of years in UK after the first visit using spouse visa? Because for some reason when I was renewing my spouse visa FLRM last time , I had concluded that I won't qualify for any settlement visa yet and I will need 2 time renewal of FLRM.
I was away for 91 days after my first visit. Hope that doesn't affect my eligibility for settlement visa.
Many Thanks,
Stit

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CR001
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Re: Which visa or ILR to apply for?

Post by CR001 » Sat Jul 21, 2018 11:43 pm

There is no absence limit for spouse visa holders.
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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