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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have been in UK for 7.5 years. I first came on a 5 year

Resolved Question:

I have been in UK for 7.5 years. I first came on a 5 year ancestry visa. I am married to a british woman for 48 years and when the ancestry visa expired I applied for a spousal visa in 2014 on limited leave to remain Whch gave me 30 months. Can I now apply for indefinite leave to remain or do I have to apply for a further limited leave before I can do that. I am a New Zealander. Our Kids and grandchildren live here and they are all British citizens.
Rod
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

Unfortunately, because you switched to a spouse visa your ILR clock on an ancestry basis was effectively stopped.

This means that you would only qualify for ILR once you have spent 5 years on your spouse visa (no time in other visa categories is permitted to count towards ILR on the basis of a spouse visa) OR once you have spent 10 years in the UK with leave to remain .

So, you would certainly have to apply to extend your spouse visa so that you can reach 5 years residence in the UK on a spouse visa. Once you reach 5 years you can apply for ILR under your spouse visa.

I suppose that you would probably also reach 10 years legal residence in the UK at around the same time that you reach 5 years on your spouse visa, but I would still apply for ILR under your spouse visa because the 10 years ILR route obviously carries a much more demanding evidential burden since you have to prove you have been here for the whole 10 years.

Sorry I could not have better news for you, but if you extend and then apply once you reach 5 years on your spouse visa you will be fine.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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Expert:  Thomas replied 1 year ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom