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Topic: 2015 Indefinite Leave to Remain Spousal Visa Timing  (Read 389 times)

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2015 Indefinite Leave to Remain Spousal Visa Timing
« on: August 31, 2015, 12:02:14 PM »
I have lived in the UK with my husband on a Further Leave to Remain visa for almost 2 years and will need to apply for an ILR in the near future before my current visa expires in July 2016.  The British Homeland website is very confusing on the timing for application as it states that I cannot apply for an ILR until after living in the UK for 5 years if I applied for my FLR after 2012 (which is the case).  How on Earth does this work or did I misunderstand the website and I apply after 2 years?  The other posts regarding this topic were WELL out of date!


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Re: 2015 Indefinite Leave to Remain Spousal Visa Timing
« Reply #1 on: August 31, 2015, 12:10:27 PM »
You have to apply for FLR(M) first before you can get ILR.
https://www.gov.uk/remain-in-uk-family/apply

Basically, your first visa (assuming you entered the UK on a spousal visa) covers your first 2.5 years, then you need FLR(M) for the second 2.5 years, then you can apply for ILR after five. It hasn't been 2 years to ILR since 2012.
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: 2015 Indefinite Leave to Remain Spousal Visa Timing
« Reply #2 on: August 31, 2015, 12:12:19 PM »
If you applied after July 2012 and you have FLR now, you'll need to apply to apply for a second FLR to meet the 5 year requirement for ILR.

I made a flow chart on my blog to help with the visa process for spouses of UK citizens.

Hopefully this will help: http://kneadtowander.com/uk-visas/
July 2012 - Fiancée Visa | Nov 2012 - Married
Dec 2012 - FLR | Nov 2014 - ILR | Dec 2015 - UK Citizen


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Re: 2015 Indefinite Leave to Remain Spousal Visa Timing
« Reply #3 on: August 31, 2015, 07:23:55 PM »
I sincerely hope that is not the case and I know another American who stated that she didn't need to apply for a second FLR before she got her ILR.  I don't have the money to be flippantly paying out for numerous visas!  Wouldn't they say this on the website?  It's a huge thing to leave out!


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Re: 2015 Indefinite Leave to Remain Spousal Visa Timing
« Reply #4 on: August 31, 2015, 07:34:34 PM »
It definitely is the case.

If you applied for your current visa after July 9th 2012, you have to apply for a second FLR(M) in order to stay in the UK for the 5 years to qualify for ILR... There is no other way to do it, because your current visa is only valid for 2.5 years as you have to live in the UK for 5 years, so you need a new visa for the second 2.5 years.

Only people who applied for their first visa BEFORE July 9th can apply for ILR without getting a second FLR(M), because they only have to live in the UK for 2 years to qualify for ILR.

It says it on the website here:
https://www.gov.uk/join-family-in-uk/extend-your-visa

And here:
https://www.gov.uk/remain-in-uk-family



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Re: 2015 Indefinite Leave to Remain Spousal Visa Timing
« Reply #5 on: August 31, 2015, 07:58:15 PM »
And there is the new NHS levy now.  Gets crazy more expensive each year to live here.


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Re: 2015 Indefinite Leave to Remain Spousal Visa Timing
« Reply #6 on: August 31, 2015, 09:11:53 PM »
I know another American who stated that she didn't need to apply for a second FLR before she got her ILR.

Well, if she applied before July 2012, she didn't. However (and no offense to your friend) sometimes people can be badly misinformed about what kind of visa they have or need. Is it possible that she has FLR but thinks it's ILR? It would be awful if she thought her visa was indefinite when she actually has another step to complete. It might be worth checking out the details with her.

Quote
I don't have the money to be flippantly paying out for numerous visas!  Wouldn't they say this on the website?  It's a huge thing to leave out!

Not defending the website at all, because it is terribly vague and difficult to parse, but it actually does state this. You do have to know what your current status is (what kind of visa you have, what your right to live in the UK is based on) in order to work it out, but the info is there. Traveling Frog's flowchart is a whole lot clearer, though.
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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