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Living for 9 years with British children. Can i apply for Indefinite Leave to remain

I moved to the UK on a Tier 1 Highly Skilled Visa in the February of 2009. I then married my wife who is a British Citizen by birth on the 22 August 2011. I applied for a Marriage Visa in the February of 2012, but it was denied as it said I didn't provide evidence for my ability to speak English even though I had used the same evidence that I used for my Tier 1 Visa. But they then granted me a "Limited Leave to Remain" Visa instead all at the same time without me having to do anything. This was granted in April of 2012. I then did the required English test just to be sure and in March 2015, I again applied for an extension to stay in the UK as a spouse of a British Citizen and I was then again given a "Limited Leave to Remain" Residency Permit and this time, no reason was given why I was given this visa and not the family one. I need to apply for my next visa by April 2018. I will have been living in the UK for 9 years, married to my wife for 7 years with 2 children and I would of been on a Limited Leave to Remain visa for 6 years. Will I be able to apply for Indefinite Leave to Remain and if not which type of Visa should I apply for next. Kind Regards

Our response

From your enquiry I can see that the reason why your English language test was rejected was because at the time you were making your Tier 1 Entrepreneur visa application a number of English language tests were allowed including the one you used. Shortly after 2009, when you made your first application, a few centres were no longer acceptable probably including the one you used for your initial application.

With regards to why you were granted a limited leave to remain, we may have to have a look at the refusal letter to be able to advice on that.

You also mentioned that you have lived in the UK for over 9 years and have British children, I am certain there is something we can do to apply for indefinite leave to remain on the basis of 10 years long residence.

This enquiry has been dealt with privately by our immigration advisers.

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