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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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, I have lived and worked in the UK since 2008. I initially

Resolved Question:

Hi, I have lived and worked in the UK since 2008.
I initially came on a work visa then on a HSMP .
I then married and was advised to change to a Spouse visa .I changed in Sept 2012 but was then told that instead of being able to apply for ILR (INDEFINITE LEAVE TO REMAIN),I now have to wait a further x2.5 months before I can do this .
I would like to apply for ILR based on the fact that I have been in the country for at least 6-7 years even though I switched visa.
I have received different advise -some layers say this is possible to get others say no .I called Immigration helpline who says that I have to wait for 2.5 years .
do you think I can get ILR IN THE UK NOW .
Thank you .
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi.
Thanks for your patience.
Is your wife a uk citizen or foreign national holding indefinite leave to remain in the united kingdom?
Kind regards.
Tom
Customer: replied 2 years ago.

My husband is a UK citizen.Born in Britain and has been living here .

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
If you switched to a spouse visa in September 2012 then your previous time spent in the UK on your previous visas would not now count towards your period of residence for the purpose of applying for ILR under your spouse visa.
I'm very sorry, but the 5 year residence period will start from when you receive your spouse visa, so it will start frmo September 2012. This means that you would be eligible for ILR in September 2017 unfortunately.
Regrettably, there is no way around this because the rules are very strict in this regard.
I presume that your current leave to remain will expire in due course, which means that you will also have to apply for FLR(M) in order to extent your spouse visa so that your leave to remain continues up to September 2017 when you can then apply for ILR.
I am sorry that I could not have any better news for you.
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, thank you .

Are you then definitively stating that there is no way that I could perhaps "switch" back to Tier 1 or HSMP and use the previous years I was on the work visa to gain ILR?

WHY would you think I have been advised that this is possible by an attorney .

I am just so confused with the differing advise .

another has stated that if the application was made prior to July even though I received it in September that I may apply for ILR ?

Another lawyer has stated that as we have been together prior to the application for x5 years then we can go the 5 yr route?

I just want to be sure I am doing the right thing and to ensure I am not applying to extend when I could be successful applying for ILR .

Thank you sincerely .

Expert:  Thomas replied 2 years ago.
Hi,
Switching back to a Tier 1 or other visa would be a disaster; your time on a spouse visa would cease and you would have to start the 5 years residence period for ILR under Tier 1 would start again.
I can't comment on why you have been advised this was possible by an attorney. They are wrong.
If you made your application before 9th July 2012 then you will have a spouse visa under the old rules, this would mean that you could apply for ILR after two years on your spouse visa. If you did apply before 9th July then you can apply for ILR after 2 years, however because you received your spouse visa in september I assumed that you applied after 9th July 2012.
Kind regards,
Tom
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