For last 1 year, I have a Spouse visa under the 10 year route to Settlement. However, now both me and my husband earn a total of more than GBP 18600 per year, can I now switch to the 5 year route to Settlement?
livetolovelife24
Mar 6 Hi Everyone, I'm new to the forum so please bear with me. I am Canadian and my husband is Italian. My husband is living and working in the UK. I have a EEA Family Permit refused on Dec 4th, with an appeal option, with the ECO stating that they were not convinced that my EEA national husband is a qualified person in accordance with Regulation 6 of the Immigration (European Economic Area) Regulations 2016. I have decided to both appeal and reapply for the permit. I will load the appeal and application with a lot more supporting evidence. I haven't been contacted by anyone regarding the return of my Passport or documents. My appeal doesn't require me to send in my original Passport and all documents had an email submission option, which I have completed. My questions relate to the Reapplication for the EEA Family Permit: - Do I need to submit my biometric data again even though my fingerprints and photo were taken on Nov 17 2018? I would need to buy a flight to attend a VFS center and I'd like to save this money. If I don't need to resubmit my biometrics, can I post my supporting evidence (documents) instead of attending the VFS center? What address do I use? - They haven't returned my Passport. It reasons that I should be able to submit my new EEA Family Permit application without adding my original Passport, technically they are already have possession of my Passport. Is this correct? - If I need to RE-submit my Passport, then how do I initiate its return to me? I have emailed and called the UK VISAs and Immigration center. The lady I spoke to said that I would be contacted within two business days after the refusal (dated Dec 4th 2018 via email). Also, no response to my questions despite emailing them three times. Please feel free to ask for additional information.
Yes, you can switch to the 5 year route to Settlement if you meet the Financial and English language requirement.
However, please note that the time already spent, i.e. last 1 years on your Spouse visa under the 10 years route to Settlement will be lost and you will be required to complete new 5 years on the 5 year route to qualify for Settlement / Indefinite Leave to remain.
In total, you will save 4 years (i.e. 10 yrs required on previous route minus 1 yr spent minus 5 yrs on New Route)
Hi,
My wife was initially on a Spouse visa and now on the 10 year route due to me the Sponsor not meeting the financial requirement.
Can I get her to switch to the 5 year route? Will the clock be reset or will the previous stay count for ILR purposes?
Thanks.
Abul
Hi Abul,
Yes, your wife can switch to the 5 year route to Settlement, if you are now meeting the financial requirement.
The clock will reset and your wife will have to live for 5 years in the UK from the date of grant of the new leave under the 5 year route to settlement and then she will qualify for Indefinite Leave to Remain
Thank you Sachin
When I switch ill be using the flr fp form?
Hi iam under 10 year route now. Iam in the uk for 5 year till now. My husband work part time and know iam a carer of my friend and i have 2 kids and take benefits. With this new situation i can swutch to 5 year route and i can apply this year for settlement instead of apply to extend a visa for another 2.5 year.
Hi fatmaelali
Please note that in order to qualify for ILR(Indefinite Leave to Remain in the UK) under any route(either 5 year or 10 year), you should be on that particular route for the qualify period. In your case, you have completed your first five years on the 10 year route, hence you cannot use these first five years to qualify for ILR under the 5 year route to settlement. Even if you switch to the 5 year route now, you will have to complete further five years under the 5 year route to qualify for ILR. Hence, in your case, it would be better to continue the whole 10 years under the 10 year route which you are already on currently.
Iam in the uk for 5 years. But am in 10 year route from 2.5 years because am not qualify the finanical requirements. This years eith my job and my husband job we earn 18600/ years. On September my extension visa will expire ( under 10 year route). What i can do ??
I can apply for settlement?
Please according to your acknowledgement, what the best thing i can do it?
Hi , i came in London on 2013 with a spouse visa and in 2015 i had to extend my visa where they put me on a 10 year route because of the low income,in january 2019 my visa expires but if i moveto a 5 year route now (as we have enough income) does it mean that in january i can apply for indefinite leave to remain or all these 5 years dont count and i will be able for indefinite leave only in 2024?
Dear MeritaMuhamet Mmk
If you move to the 5 year route now, then you will have to complete further 5 years from the date of issue of your new leave to remain, please refer to the Settlement - Marriage or Partner SET (M) Guidance Notes at:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633927/SET_M__Guidane_Notes_08-2017.pdf
In this document under Guidance note 1 - For Which Applications Must You Use Form SET(M)?, under second paragraph, it states that "family life as the partner of a person present and settled in the UK (5-year route). You will only be eligible to apply for indefinite leave if you were last granted 30 months limited leave to remain as a partner and have completed at least 60 months with such leave granted under Appendix FM on a 5-year route to settlement
Hi,
Please, my last application ended in court with HO, After 3 month of delay i was later told to withdrew my case and they will give me residence permit. Found out late i was put on 120 month before i'm able to apply for permanent residency. I am on panther route November 2019 will be my 5th year. i applied for my 10 year and it was rejected because i have 1 day gap within the 14 days grace. Very frustrating 2016 was my 10th year, wasted. I meet the funding and everything for the 5 years route. what can i do next year i don't want to renew, i have 2 British sons age 7 and 5. Please can i apply ILR NEXT YEAR.
Many Thanks
Hi kristal evans,
From what I understand from the facts is that your current Biometric Residence Permit (BRP) is granted under the 10 year route to settlement. If that was a mistake on the part of UKVI, then this should have been raised with UKVI when this BRP was issued. If you continued to accept that UKVI mistake, then your are currently on the 10 year route, hence you will have to complete 10 years under the same route to qualify for Indefinite Leave to Remain (ILR), you will not be eligible to apply for ILR after completing 5 years.
If you meet the financial requirement, then you will have to apply for the leave again under the 5 year route to settlement and then you will have to complete a fresh set of 5 years on that route.
Thanks, is it possible for HO to reconsider and change it if i ask a lawyer to write or take on my case?? Also what can i apply for as I do not want to renew, i just want to apply to remain. I am executed can't do another 60 month Finally, Is there any rule i can apply under or that applies to my case?? Thank you.
Living with partner with 2 children since 2012.
Thank you
Hi everyone,
Just a quick question, once your on the 10-year route, now soon can you switch to the 5-year route once you meet all the requirements, a day, a month a year?