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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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hi, my husband just got ILR(long residence 10 years). Previously

Customer Question

hi,
my husband just got ILR(long residence 10 years). Previously he was on tier 1 general visa and i have spouse/dependent of tier of tier 1 general visa . i want to know what visa shall i apply now? i came to uk in 2007 as student depenedent. i think i have to apply flr(m) but i am not sure which route shall i will follow(2 year or 5 year)? also if i have to fulfill the financial requirements as well?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If your husband has obtained ILR then he is now regarded as being “settled” for the purpose of the immigration rules.
If you were preveiously his dependent of his student visa then you will have to apply to switch to a spouse visa by using form FLR(M).
Unfortunately, because you are applying to switch after the rule change you will have to meet the new rules, which includes the financial requirement and also means that you can only apply for ILR after you have been on a spouse visa for 5 years.
The UKBA webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

hi thanks for your answer

i am currently have (spouse of tier 1 general visa ) issued on 5 april 2011

so do i still need to be on 5 year route and show financial requirements

Expert:  Thomas replied 2 years ago.
Hi,
Yes, you will still need to switch to a spouse visa for the 5 year route and also meet the financial requirements I'm afraid.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you very much for your help.

just the last thing can i add my psw dependent and tier 1 general dependent in the qualifying period for ILR

Expert:  Thomas replied 2 years ago.
Hi,
No, the only way that those periods of ILR would be counted is if you were applying on the basis of 10 years long residence in the UK.
They are not permitted to count as part of the 5 years residence requirement for applying under the spouse visa provisions.
Good luck.
Kind regards,
Tom

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