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Topic: Switching From 5-year Spousal Visa to 5-year Parent Visa  (Read 567 times)

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Switching From 5-year Spousal Visa to 5-year Parent Visa
« on: July 31, 2016, 01:16:18 PM »
Hi,

I'm an US citizen here on a 5-year spousal visa, wife and kids (both under 8) all have British citizenships as well as American.  I'm still on the first 2.5 year visa.  Although we've been married over 10 years, we're quickly realizing we should go our separate ways, but still living together.

My main question is, if we permanently separate, if I was to switch from a 5-year spousal visa to a 5-year parent visa, does that "RESET" the date I can apply for ILR?

My second question is... if I do have to switch visa's, is it straight forward process, or should I get help from an immigration lawyer...

Appreciate any advice, thanks!


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Re: Switching From 5-year Spousal Visa to 5-year Parent Visa
« Reply #1 on: July 31, 2016, 02:19:29 PM »

My main question is, if we permanently separate, if I was to switch from a 5-year spousal visa to a 5-year parent visa, does that "RESET" the date I can apply for ILR?

There isn't a 5-year parent visa. I think you mean the 10 year Family Life route.
These are the conditions you will have to meet to be granted the first of 4 LLR for that 10 year route.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452912/Family_Life__as_a_Partner_or_Parent__and_Private_Life_-_10-year_routes_guidance_August_2015.pdf

It will reset your ILR clock and the 5 years to ILR, will become 10 years to ILR.

However, if the 10 years of legal stay route is still around in a few years time (it's different to the 10 year family route) and if you quailify, you might be able to add all your years to make the 10 years of legal stay.

My second question is... if I do have to switch visa's, is it straight forward process, or should I get help from an immigration lawyer...

The 10 year family life route isn't straight forward, have a read of the link. And it isn't cheap: 4 lots of visas to meet the conditions of, pay for and be granted; and 4 more lots of the Immigration Health Surcharge to pay for. After 4 of those visas (30 months  x 4 visas = 10 years) you can apply for ILR.
« Last Edit: July 31, 2016, 02:44:06 PM by Sirius »


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Re: Switching From 5-year Spousal Visa to 5-year Parent Visa
« Reply #2 on: August 22, 2016, 02:24:28 AM »
Quote
There isn't a 5-year parent visa.

I read this off the GOV.UK newcomer link: https://www.gov.uk/remain-in-uk-family/eligibility [nonactive] website itself?

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Family life as a parent (5-year route)

You must meet the eligibility requirements for the parent routes and you must also be able to prove that:

you have enough money to adequately support and accommodate you and your dependants without relying on public funds
you have good knowledge of English if you’re 18 or over
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And here's the link to the pdf guide.... newcomer link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452915/Appendix_FM_Section_1_0a_5-year_Partner_and_Parent_Routes_August_2015.pdf [nonactive]

I was worried it might reset my ILR clock, which sounds like it will from your point of view, but from what I understand it will be 5+ years... NOT 10+ years... if I were able to switch visa categories... as long as I can meet the 5-year parent visa route... I think the 10-year parent visa route is for immigration officers to use if someone can't meet the 5-year route for some reason.


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