ILR Application after LOTR & Spousal Visa

[chris8510]

Hi All

Im a noob here so not sure if this question is in the right category. Apologies in advance if it is.

I was granted DL/LOTR for 30 months in 2014 as I have not been living with my unmarried partner for long enough etc, then in 2017 i was granted a spousal visa (5yr route) after getting married in 2015 lasting until 10/2019. Total 5yrs and 17 days.

Would I be entitled to apply for ILR based on the above?

If not, would I be able to apply under long residence as I have been in the UK since 03/2006 - Working Holiday 2006 - 2008, Student Visa 2008 - 2011, Extension 2011 ( long period of waiting for responses, eventually declined, appealed etc) - DL/LOTR 2014-2017 - Spousal Visa 2017 - 2019.

Many Thanks

Chris

[zimba]

If you have had 10 years of lawful residence so far then you can apply under long residence.

[chris8510]

Thanks @Zimba

I'm not entirely sure about the 'lawful residence' as there as a few gaps between appealing a student visa extension and the DL/LOTR received in 2014. I do however have my full immigration history received from a FOI request so will dig through that.

Any chance of using the combined time of the DL/LOTR & Spousal(5-year route) - totalling 5yrs & 17 days for my ILR application? Can the length of the 2 visas be combined to make up the required 5 years as I would rather pursue this route ?

[CR001]

You cannot combine other visa categories with a spouse visa to apply for ILR. You must have almost 60 months on spouse visa to apply for ILR on Set M.

[chris8510]

Hi, just thought I'd ask a quick question on here before paying a solicitor for a yes/no answer.
My current spousal visa is expiring Oct 2019. I have been in the UK since 2006. Working holiday visa 2006 to 2008. Student visa 2008 to 2012. Applied for extension which was refused. I appealed but by the time the appeals was exhausted finished my degree. 12/2014. At the time I was also going through a divorce etc. I then applied for FLRo on 14/05/2019 and was granted LOTR on private life etc. Applied for spousal 2017 which will expire 22/10/19 and switched to 5yr route. Will I be able to apply for ILR based on long residence after the 5/6month gap between 12/2014 - 05/2015. During this gap I was "legally" required to stay in the UK until my divorce was finalised. Can I apply for ILR based on 10 year residence? I know the easy option is to get another spousal visa and complete the 5yr route but don't like giving the HO more money than I need to

[zimba]

No as it seems that you were an overstayer between 12/2014 and 05/2015 without a valid visa, so your lawful residence is broken