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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 840
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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A very simple question My wife has been placed on a spouse

Customer Question

A very simple question
My wife has been placed on a spouse visa 10 year route because she applied in England and not Brazil.. we did it this way because of the Zika virus and we were having a baby.We tick all the boxes necessary and such has she applied from Brazil it would be a 5 year routeAlthough approved can she travel to Brazil and apply again under the five year route?
Submitted: 4 months ago.
Category: Immigration Law
Customer: replied 4 months ago.
approved but under a ten year route to settlement, I'd like to be able to instead now apply in Brazil and therefor be on a five year route. Curious what my steps need be.
Expert:  frantzgregory replied 4 months ago.

Sorry your wife was given a 10 years route because she did not meet all the criteria but was granted the visa because of human rights reasons and not because of where she applied from. If by her next extension she meets all the criteria she will be granted on a 5 year route.

Customer: replied 4 months ago.
Sorry so if we apply again in 2.5 years for the extension then she'd be placed on 5 years meaning she'd need wait 7.5 years?The reason it was 10 is simply she applied here in the U.K. And not in Brazil (silly).My goal is to reduce it down to 5 of travel to Brazil and then applying again is possible.
Expert:  frantzgregory replied 4 months ago.

You cant reduce it to 5 years.

Customer: replied 4 months ago.
Thanks. So to be perfectly clear; you are suggesting the minimum amount of time to ilr application is 7.5 years? 2.5 to next extension, then she'd be placed on a 5 year route (assuming we tick the boxes) then it would mean 7.5.The whole thing seems wrong as per usual from the HO
Expert:  frantzgregory replied 4 months ago.

Like I explained to you, applicants are only given a 10 years route if they do not meet all the requirements. When she applies for an extension and she meets all the requirements she will be placed on a 5 year route. If not she will remain on a 10 year route

Customer: replied 4 months ago.
Hi, im very aware she did not meet all requirements - the single requirement we did not meet is not applying in the UK; 16 months prior (it took that long for a decision which was first leave but then changed to stay under the ten year route) it wasn't an option to apply in Brazil due to the pregnancy and the Zika virus. It's a shame we now can't do it properly from Brazil where had she not already been approved under the ten year route she would be approved under the 5 there.When, in 2.5 year she goes for an extension your telling me she, in meeting all requirements she woyod then move to a 5 year route to ilr? It's also the case we couldn't use the 2.5 years already spent as part of the ten year route for the five?
Expert:  frantzgregory replied 4 months ago.

unfortunately already spent years are not included.