[AlexaGrace]

Is this actually possible? Please read...

My husband and I have been together since Oct 2009. We can officially prove we have lived together in the UK since April 2010 (joint tenancy agreement) and we've been married 6 years now. We could not apply for a spouse visa immediately because I was an unemployed student under the age of 21. My husband's spouse visa expires in Sept 2017 and we'll be applying for an extension using the Category F financial requirements. We went to see an accountant today to get the required documents and he surprised us by saying he has seen people with similar circumstances to ours get ILR instead of an extension based on - length of time married and living together (more than the 5 years they actually require) and our financial situation / the fact we have both never claimed any benefits. He also recommended we go in person to apply.

Would an immigration lawyer be worth investing in to achieve ILR?

Any advice / info will be much appreciated.

 

[Joppa]

The answer is no. In order to be eligible for ILR, your husband needs to be under the 5-year family route (i.e. spouse visa) for 5 years and living most of that time with you in UK. Prior to July 2012, you only needed to be on visa for 2 years before eligible for ILR, but that changed on 9th July 2012 when 5-year route came in. Any time prior to getting spouse visa isn't taken into account, even if he was on another visa. On getting spouse visa, the 5-year clock was re-set.

 

[WestCoastCanadianGirl]

If you had adjusted your husband's status to "Spouse" prior to the 2011 expiry date of his Student Visa, you could have applied for ILR in 2013 and he wouldn't have been considered an overstayer in 2014... the income requirement back then was a lot easier (no minimum income requirement) and it also allowed for third party sponsorship.

 

[AlexaGrace]

That's what I thought, Joppa. Very annoying.

West - oh trust me, I know but it was impossible because I wasn't 21. I had no idea the law was changing in 2012; I was in my final year of University and was very busy. We said we'd carry on as normal until I graduated and was 21. I graduated July 12th 2012, the law changed July 9th I've cried so many tears over it and even had to "lose" my husband for 3 months. I never thought falling in love with my soul mate would make my life so difficult, cost so much money and waste so many years of our young lives. It's bullsh*t that EU citizens who have no connection to any person in the UK can just waltz in here and do whatever they like but my own husband has ZERO rights. As a UK Citizen since birth I think it's a disgrace that my own government has treated me like this all because I fell in love with someone at University.

 

[Joppa]

Well, that's immigration law for you. It's more complicated because of EU membership. How things will change in the future post-Brexit is anyone's guess, and while the right of EU citizen is likely to be curtailed, it won't mean it will get easier for non-EEA citizens. Tories have said in their manifesto they are going to increase financial requirement if they get back into power and increase IHS to £600 a year.

 

[AlexaGrace]

Well I hope the Tories bring in an equal system for all. It's ridiculously unfair that some random Romanian has more rights here than a British Citizen's husband of 6 years. It makes no sense and yes, I am very bitter about it.

Yes I just read yesterday that we will have to pay a £500 surcharge. Luckily we easily meet the financial requirements but we are paying a top accountant to make sure there are no paperwork errors. I'm also not willing to risk sending the application by post because if God forbid it came back invalid (and my husband had to leave again) it would honestly kill me and our business.

 

[Joppa]

It's £500 now (£200 a year for 30 months) but Tories intend to increase to £600 a year, so for FLR(M) it will cost £1,500. Whether it will be implemented before you apply for renewal is uncertain, should they win the election.

 

[AlexaGrace]

Yes I did actually read you say that to someone else on here. Hopefully they won't increase it until later but either way an extra £100 although annoying isn't devastating.

If my husband applies in person do I have to go too? And, do you have a rough time frame of how long it takes to get an appointment? Would I need to book soon for an appointment end of June / early July?

 

[Joppa]

Well it's increase from £200 to £600 a year, so 3X.
Yes, you are expected to be there with your husband. Time taken will vary, from a couple of hours (if you are lucky) to all day (if you are unlucky, with computer breakdown etc).
The appointment is supposed to be released 6 weeks in advance, so start checking then.

 

[AlexaGrace]

Sorry, I totally misread that. That is a huge increase then! Really hope they don't change it immediately. Thanks for your help.

 

[Crawford]

That's what I thought, Joppa. Very annoying.

West - oh trust me, I know but it was impossible because I wasn't 21. I had no idea the law was changing in 2012; I was in my final year of University and was very busy. We said we'd carry on as normal until I graduated and was 21. I graduated July 12th 2012, the law changed July 9th I've cried so many tears over it and even had to "lose" my husband for 3 months. I never thought falling in love with my soul mate would make my life so difficult, cost so much money and waste so many years of our young lives. It's bullsh*t that EU citizens who have no connection to any person in the UK can just waltz in here and do whatever they like but my own husband has ZERO rights. As a UK Citizen since birth I think it's a disgrace that my own government has treated me like this all because I fell in love with someone at University.

Me thinks you complain too much.... and do not have much to be bitter about.

From your earlier postings you married in 2011 and did not apply for a spouse visa until 2014. Your husband left the UK in order to apply for the spouse visa as he had overstayed in the UK for 3 to 4 years. Indeed, his last application for another student visa had been refused. You did not 'lose him' for three months - he, for once, complied with immigration rules.

The change of immigration laws had little to do with your situation as it sounds as though he was an overstayer even at the time of your marriage.

Your spouse visa was approved.

The spouse visa allowed your husband to return to the UK, with many rights I might say, and on a 5 year route to citizenship.

Not much to complain about I would say.

 

[AlexaGrace]

"Not much to complain about". Haha alright, Crawford. How ignorant.

You know nothing much about our situation, my husband's immigration history dating back to 2006 and his family situation which played a huge part in all this. I don't need to explain anything to you but I'm not going to let you talk trash. His visa was not refused either, it was returned invalid for reasons I don't need to go into. He did not leave because 1. I did not want him to!!! and 2. He would not have been able to finish his postgraduate degree which he had already paid for and was halfway through. The University supported him. As I've already explained, I was too young to be his sponsor. We applied for his spouse visa once we knew we finally met all the requirements and therefore would be separated for the least amount of time because y'know, it's not exactly normal for a married couple to not be able to be together and that was the most important thing to us. This whole situation has impacted our lives in more ways than you would *ever* be able to understand. Thanks for your input though!