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Topic: 5 year spousal visa - Indefinite leave to remain  (Read 297 times)

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5 year spousal visa - Indefinite leave to remain
« on: April 11, 2022, 06:09:35 PM »
Hello,

Can anyone shine a light on the 5-year route for the Indefinite leave to remain? I have a spousal visa and in about 4 months it expires so I'm looking to start the process of extending my visa and applying for the 5-year route for the Indefinite leave to remain. Are they one in the same thing or do I need to apply for both?

My big concern is on the applying for the 5-year ILR it says that  "The earliest you can apply is 28 days before you meet the requirements for the time you need to have lived in the UK. Your application may be refused if you apply earlier. Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first."

I would be very nervous to wait until 28 days before it's due just in case something is wrong and it doesn't get approved.

Thoughts?

Thanks!!


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #1 on: April 11, 2022, 06:29:57 PM »
Hello,

Can anyone shine a light on the 5-year route for the Indefinite leave to remain? I have a spousal visa and in about 4 months it expires so I'm looking to start the process of extending my visa and applying for the 5-year route for the Indefinite leave to remain. Are they one in the same thing or do I need to apply for both?

My big concern is on the applying for the 5-year ILR it says that  "The earliest you can apply is 28 days before you meet the requirements for the time you need to have lived in the UK. Your application may be refused if you apply earlier. Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first."

I would be very nervous to wait until 28 days before it's due just in case something is wrong and it doesn't get approved.

Thoughts?

Thanks!!

When did you enter the country?
You can apply for ILR from 28 days before the 5 year anniversary of the date you entered the country up until your current visa expires.
Have you passed your life in the UK test?


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #2 on: April 20, 2022, 06:21:53 PM »
Hello,

Thank you for responding. I entered in June 2017, my current visa is up in June 2022.  I haven't taken my test yet. Do I still need to apply to extend my spousal visa if I'm applying for the ILR?

Thanks!
Taylor


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #3 on: April 20, 2022, 06:49:53 PM »
You need to pass the Life in the U.K. test before you can apply.  Book that tonight and start studying.

If you have NOT passed the LIUK test you will need to apply for another FLR(M) to extend your visa.

If you DO pass your LIUK test, you apply for Indefinite Leave to Remain and will be free!  Ish!  Only really really free if you decide to apply for dual citizenship after you have ILR.


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #4 on: April 21, 2022, 02:29:16 PM »
NO WAY that's amazing.

So let me get this straight, if I take my test and pass I can apply for lLR and not have to pay to renew my visa and I can also apply for citizenship?

Booking test NOW!

T


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #5 on: April 21, 2022, 03:02:39 PM »
NO WAY that's amazing.

So let me get this straight, if I take my test and pass I can apply for lLR and not have to pay to renew my visa and I can also apply for citizenship?

Booking test NOW!

T

No, KFDancer means that you'll be free from immigration restrictions.

You have to take the test to qualify for ILR (it isn't optional). If you can't pass it before your visa expires, you'll have to apply for (and pay for) another FLR(M) visa, which will be valid for 2.5 years, though you could apply for ILR once you've passed the test. You'll have to prove you passed it again when/if you apply for citizenship, and can't apply for citizenship without ILR. All these applications come with fees.


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #6 on: April 21, 2022, 03:15:27 PM »
NO WAY that's amazing.

So let me get this straight, if I take my test and pass I can apply for lLR and not have to pay to renew my visa and I can also apply for citizenship?

Booking test NOW!

T
ILR is a visa too, so you will have to pay for it.

However, it’s a indefinite visa, not a temporary one like FLR so as long as you continue to live in the U.K. it won’t need to be renewed.

The cost of ILR is £2,389 (compared to £1,033 for FLR), but there is no IHS surcharge to pay, as ILR will give you full access to the NHS anyway, plus access to UK benefits.

Once you have ILR, you can apply for UK citizenship, which costs about £1,300.


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #7 on: April 21, 2022, 03:33:56 PM »
All making sense, thank you.

I think my biggest concern is applying for the ILR and it not getting accepted for one reason or another and not having enough time to apply for my FLRM before my current one runs out.

T


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #8 on: April 21, 2022, 04:03:57 PM »
All making sense, thank you.

I think my biggest concern is applying for the ILR and it not getting accepted for one reason or another and not having enough time to apply for my FLRM before my current one runs out.

T

Once you apply, your current leave is extended under section 3(c) meaning you can do everything as normal.  Continue to work, live, and use the NHS.  You can't travel while the application is outstanding.

The only difference in requirements for "extending" FLR(M) and indefinite leave to remain SET(M) is passing the life in the UK test.  Literally, that is the ONLY difference in requirements. 

If your application is going to be refused for ILR and you've passed the LIUK test, it would also be refused for FLR(M).  If for some reason you are refused, you will have options with the home office REGARDLESS of whether your prior visa was refused. 

Short story - I hope you have booked your LIUK test.  It can take a few weeks to get a slot and you need to pass.  Pass the test, gather your documents, apply, and live your life.  :D


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #9 on: April 21, 2022, 08:24:08 PM »
Do study for the test. Most of the questions are pretty tricky. Good luck!


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #10 on: April 23, 2022, 07:27:32 PM »
Do study for the test. Most of the questions are pretty tricky. Good luck!
I finally decided to start studying 3 days before I took the test. Took the test just last Tuesday between back to back overnight shifts. I'm sure I was asleep while I took it but I passed.

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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #11 on: April 23, 2022, 07:56:54 PM »
I finally decided to start studying 3 days before I took the test. Took the test just last Tuesday between back to back overnight shifts. I'm sure I was asleep while I took it but I passed.

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Congratulations!  [smiley=balloon.gif]


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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #12 on: April 23, 2022, 08:16:14 PM »
Congratulations!  [smiley=balloon.gif]
Such a relief honestly. I'm a terrible procrastinator. Lol

I suspect I'll be rescheduling my driving theory test because I'm due to take it on May 2 and I've not even opened a book nor have I been out practice driving.

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Re: 5 year spousal visa - Indefinite leave to remain
« Reply #13 on: April 24, 2022, 10:56:46 AM »
I finally decided to start studying 3 days before I took the test. Took the test just last Tuesday between back to back overnight shifts. I'm sure I was asleep while I took it but I passed.

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Congratulations!


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