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Buachaill, Barrister
Category: Law
Satisfied Customers: 10790
Experience:  Barrister 17 years experience
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I am a British citizen. My husband is a Taiwanese national

Resolved Question:

I am a British citizen. My husband is a Taiwanese national who is currently on a work permit in the UK. We are wondering if he were to switch to a spouse visa, whether the years he has already spent in the UK on a work permit would be counted towards his application for the Indefinitely Leave to Remain status.
Thank you for your help.
Best wishes,
Submitted: 6 months ago.
Category: Law
Expert:  Buachaill replied 6 months ago.

1. Dear Kin, I regret to say that since 2012, years spent on a work visa cannot be added to years spent on a spousal visa in order to obtain the necessary five years continuous residence to get Indefinite Leave to Remain. Accordingly, it would be preferable in your husband's situation that he continue operating on his work permit until he has obtained the necessary five years continuous residence to gain Indefinite Leave to Remain. Once he has Indefinite Leave to Remain, then he can live forever in the UK if he wishes. However, if he changes visas before he has five years continuous residence, he will have to start again in computing the necessary five years, I regret to say.

Expert:  Buachaill replied 6 months ago.

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Customer: replied 6 months ago.
Thank you very much for your help! Kin