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Ask Tamari Kokrashvili Your Own Question
Tamari Kokrashvili
Tamari Kokrashvili, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 666
Experience:  OISC, LLB (Hons) with International Law, Foundation in the UK Law
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I would like a second opinion. My last response came from

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I would like a second opinion. My last response came from IRAM A (who was lovely) and I would just like to confirm what Iram said. I am on the 5-year route to settlement in the UK. I obtained my fiance visa in August 2014. I moved from America to the UK in October 2014 (while on my fiance visa.) I applied for my marriage visa shortly after and it was issued in March 2015. I have been on a marriage visa continuously ever since ( I renewed once.) As I must meet the 5-year residency requirement before I can apply for Indefinite Leave to Remain, does the residency requirement start when I legally entered the UK in October 2014 or when I obtained my marriage visa in March 2015? The UK government website is vague.
https://www.gov.uk/settle-in-the-uk/y/you-re-the-family-member-or-partner-of-a-british-citizen/no/partner/you-re-still-with-your-partner
It says:
"Eligibility:
If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.
If you’re on the 2-year route, you must have been living in the UK on that visa for 2 years.
If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years."
I notice that there is a SPECIFIC requirement on the 2-year and 10-year route to be on a certain visa. But the 5-year route does NOT mention that you need to be on a specific visa. Technically speaking, as of October 2019 I am on a family visa and I have been living in the UK for 5 years. So can I apply for Indefinite Leave to Remain in October 2019 (five years from entry into the UK with my fiance visa) or do I need to wait until March 2020 (five years from the issue of my spousal visa)?
Additional information: I have never had a lapse in visas and have already passed the Life in the UK test.

Good Morning and thanks for your question. You time for ILR will start from the day when you obtained your spouse visa in the UK.

Fiancé visa does not count on this case.

Please rate me with positive rating if you are satisfied with the answer. It is very important for me! Thank you

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