ILR confusion



  • would like to apply Indefinite Leave to Remain for my wife and couldn't find answers for my questions on Home Office website. I would be grateful if you could guide me in right direction.

    I understand that a person can apply for for ILR - 2year route if that person applied as a partner before 9 July 2012. My wife did apply as a partner before this cut off date in the past but the latest visa which she is on at the moment is issued after this cut off date as there were breaks in her stay in the U.K. I wonder if she is eligible to apply through 2 year route. Please find more details below.

    My status

    I came to the UK in 2002. I was granted Indefinite Leave through HSMP scheme in 2009. In 2010, I became naturalised British Citizen.

    My wife's status

    1. My wife came to the UK in March 2003 on C-Visit-PLAB test visa. 
      
    2. In August 2003, she was granted Leave to remain for 6 months as a dependent on me. 
      
    3. In January 2004, she was granted Leave to remain for 1 year as a dependent on me.
      
    4. In March 2005, she was granted Leave to remain until August 2005 as a dependent on me.
      
    5. In August 2005, she was granted Leave to remain for a year as a dependent on me while I was on HSMP visa
      
    6. In July 2006, she was granted Leave to remain for 4 years as a dependent on me while I was on HSMP visa.
      
    7. Then we lived in India for a few years. She returned to the UK in January 2015 as a spouse of British Citizen visa which is valid until September 2017. 
      

    As you can see that she had dependent visa before 9 July 2012 and lived in the U.K. more than 5 years in total but with breaks in between, I wonder if she can apply for ILR through 2 year route or any other route. If you are unable to advise me then could you tell me whom can I contact to get more information.


  • Immigration Adviser

    Dear Lilylotus,

    Many thanks for your enquiry to White Rose Visas.

    Please firstly note that the 2 year ILR route applies to people who obtained a spouse visa (FLR(M)) before 9th July 2012. As you mentioned your wife got dependant visas in this time, these do not count towards gaining ILR through the 2-year route as they were not specifically spouse visas.

    From looking at the dates you have provided, it would seem that your wife would not be eligible for ILR now. She would need to apply for an extension spouse visa after her current one expires. The 5-year period would start from when she returned to the UK in 2015 and so she would not be eligible for ILR until 2020. The few years that you spent in India has broken the continuous residency requirement which means the 5-year period would need to begin again. Her next visa will be granted for 30 months. You should time your wife's extension application in line with this 5 year requirement so that she can apply for ILR straight after her extension rather than having to apply for another extension after that.

    Kind regards,



  • @Holly
    Thankyou very much for the reply it is really helpful


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