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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7661
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have entered the UK on the 29 April 2007 as a student.

Customer Question

Hi. I have entered the UK on the 29 April 2007 as a student. I was further granted leave to remain under rhe same category until November 2012. On 15 November 2012, I applied for leave to remain as the spouse of a British Citizen and was granted leave from 28 March 2013 to 28 September 2015. I now have a little boy of 3 years old. My question is considering the length of time I have stayed in the UK, am I eligible to apply for indefinite leave to remain?
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.Unfortunately, you are not eligible for ILR yet. This is because you have not reached 10 years legal leave to remain in the UK. If you applied for a spouse visa after July 2012 then you will be under the new rules for spouses, which means that you will be eligible for ILR after 5 years. So, provided you extend your spouse visa (which I assume you have done) then you would be eligible to apply in November 2017.Obviously, you will reach ten years from your student visa in 29/04/2017 so you would be able to apply for ILR then. However, the evidential burden is a lot bigger for a 10 years residence application because you have to prove a longer period of time, so you may choose to wait until November 2017 and apply on the basis of 5 years on a spouse visa because it’s quite a bit simpler. 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.
What about the extra £500 healthcare surcharge that they are asking to pay if I extend my visa. Is it justifiable considering that I paid £1500 rather than £649 for extending my visa? And also I understand that from April 2016, the financial requirement will change to £35000?
Expert:  Thomas replied 2 years ago.
This is not related to the question you asked about ILR, but you will have to meeting the surcharge and healthcare requirements at the date that you apply for your extension visa...Tom
Customer: replied 2 years ago.
I am not very pleased with your answer Thomas. It is all related to ILR. The law protects those who have 5 years of residency as partner but not me who have studied in this country and then met someone here, then got married, build a family and so far have 8 years and 9 months of residency...
Expert:  Thomas replied 2 years ago.
The law allows you to apply for ILR after 10 years of legal residence in the UK, which I have advised you of. Additionally, the law allows you to apply for ILR after you have been on a spouse visa for 5 years. There are no exceptions to these laws and you may consider them inadequate or unfair but there is nothing that you, I or any other immigration solicitor can do to change the rules unfortunately and so your best way forward is to accept the confines of the law and ensure that you retain supporting documents in the meantime to enable an easy application when you do eventually come to apply in 2017. Kind regards,Tom
Customer: replied 2 years ago.
Thank you Thomas for your reply. I am now getting really concerned that the law will try to reap my family apart. I will have to seek further professional advice to prevent this in the future. Thank you
Expert:  Thomas replied 2 years ago.
Hi, They will not separate your family because you have a right to apply for an extension visa to your spouse visa and thereafter, a right to apply for ILR. Please do remember to leave feedback.Tom