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ILR for dependant

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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kevin43
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Joined: Thu Mar 29, 2012 4:29 pm

ILR for dependant

Post by kevin43 » Tue Nov 24, 2015 3:46 pm

Hello Guys,
I am asking question behalf of my friend. My friend received his ILR in March-2015 on basis of 10yr. He was on Tier 1 visa at the time of application and his wife is dependent visa. His wife is applying ILR based on his husband but she still has tier 1 dependent visa. she hasn't changed the visa after her husband granted ILR. Is there any problem applying the ILR?

Many Thanks
Kevin

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR for dependant

Post by secret.simon » Tue Nov 24, 2015 4:12 pm

When did his wife get the initial Tier 1 dependent visa?

As your friend got his ILR based on LR, I believe that his wife Is likely not eligible for ILR. She may need to apply for and get FLR(M). Her clock will reset and she will need to spend five years on FLR(M) before becoming eligible for ILR.

If your friend had waited and got ILR based on T1G (or any PBS category), his wife's clock would not have reset.

But I would wait for other comments before proceeding further.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

geriatrix
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Re: ILR for dependant

Post by geriatrix » Tue Nov 24, 2015 6:00 pm

The wife is not eligible for ILR. She should have applied for FLR(M) as soon as her husband's LR ILR was granted.

See also Dependant of ILR (long residence) applicant on PBS leave.
Life isn't fair, but you can be!

kevin43
Newly Registered
Posts: 6
Joined: Thu Mar 29, 2012 4:29 pm

Re: ILR for dependant

Post by kevin43 » Wed Nov 25, 2015 9:13 am

THANKS FOR THE REPLY. THEY HAVE ALMOST APPLIED ON SET M. YOUR ADVISED SAVED THE HUGE AMOUNT OF MONEY AND STRESS.

vinny
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Re: ILR for dependant

Post by vinny » Wed Nov 25, 2015 9:26 am

They should be very grateful to you. But there's no need to shout.
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