Reason for Switching to 5-Year from 10-Year Route FLR

[jude12]

Hi Everyone, My partner was on a 5-year route and have completed about 3.5 years. Unfortunately, on the second FLR extension last year, she was granted a 10-year route as we failed to submit the correct English language requirement. We submitted a Grade 2 Level A1 qualification instead of the correct Grade 5 Level B1. We are now making an application to switch back to the FLR 5-year route, as we have now met all the requirements (finance, English language qualification etc.). My question is can the 3.5 years from the initial 5 year route be added or accumulated to the newly switched 5-year route (taking away the one year gap on the 10-year route), once she has received the switch ? or the clock switches to start zero again ? I see unsure opinions on this. Please can anyone help ? or had a similar experience.

[CR001]

5 year clock resets to zero and she will have to wait another 5 years if they switch back to the 5 year route.. You cannot 'carry over' previous time before you were put on the 10 year route.

Note that per your last post/topic, if the children were also put on the 10 year route, which they would have been, then they don't qualify for ILR either.

https://www.immigrationboards.com/indef ... l#p1892866

[jude12]

Thanks, so my wife will have to go under the 10 (or 5 year) Route now. I am at a loss on what is the process for my two over-18 years old children to get ILR. They are now in university and are still our dependents until next July when the current dependent visa also expires. Can they apply directly for ILR using SET(M) now, as both have good stay records in UK (over 5 years) or Should they switch to PBS now first then apply as adults ? Or is there any other way ? They have income through my limited company and college internship. Or wait until they graduate ? I cannot seem to find information on the question of how dependent adult children can break away as it would difficult to place them as dependents in the coming years. I am a British citizen and the sponsor.

[CR001]

I am at a loss on what is the process for my two over-18 years old children to get ILR. They are now in university and are still our dependents until next July when the current dependent visa also expires. Can they apply directly for ILR using SET(M) now, as both have good stay records in UK (over 5 years)

They must apply for visa extensions with your spouse and will qualify for ILR when your spouse does unless each child reaches 10 years long residence.

or Should they switch to PBS now first then apply as adults ?

No.

Or is there any other way ?

They will follow the same process and immigration route as your spouse. There is no shortcut.

They have income through my limited company and college internship. Or wait until they graduate ? I cannot seem to find information on the question of how dependent adult children can break away as it would difficult to place them as dependents in the coming years. I am a British citizen and the sponsor.

They must not be leading independent lives, i.e married or living independent lives on their own for example.

[jude12]

Hello again, I am making an application to switch to 5-year route from a 10-year using FLR(M) having met all the requirements. There is a question to choose the reason you are applying in the online FLR(M) form but I do not see an option to choose switching. Most probably the last option is the answer – i.e. applying for any other reason. I have put this as the reason:

Applying to switch to 5-year route with dependents as I am able to meet the requirements. Was granted 10-year partner route due to my late submission of UK NARIC validation of my English language requirement when I extended my FLR in 2019.

Here are the options given:

Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type. (Required)

First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)

Additional extension as a partner

First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)

You delayed your travel to the UK by more than 3 months after the issue of a visa and have not yet completed the required amount of time on a partner visa (not including as a fiancé(e) or proposed civil partner)

You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement

You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership

You are applying for any other reason