ILR - 10 Years Long Residence

I was the Student Visa holder from 2000 to 2007, the Work Permit holder from 2007 to 2009, the Tier 1 (General) migrant from 2009 to present.

My wife (non-EU citizen) and I married and registered in the UK in 2008 and we have been living together in UK for more than 2 years now. In 2009 when I changed my Work Permit status to Tier 1 migrant, my wife has been given an extension to stay as the spouse of a Tier 1 Migrant and she is holding the Tier 1 Dependent. Both our current Tier 1 visas valid until 2012.

I am going to reach my 10 years continuous UK lawful residence in September 2010. I want to know:

(1) When I applying for the Indefinite Leave to Remain (ILR) based on 10 years long residence, can I include my wife as a dependent in the ILR application?

(2) Also, I want to know whether I can apply in person using the premium service?

1. No

2. No - post only

Answers to your questions are:

1) NO - as under 10y LR settlement no dependnts allowed (she should be ok to apply for ILR as Set(M) and use the same day service at PEO once you get your ILR). My partner and I are in the same situation - it is annoying as you dont' know how long would postal application will take + you have to pay 2 sets of fees for both of you to get ILR

2) NO - premium service was withdrawn Dec 2009/Jan 2010 for 10y ILR, postal applications only now

Hi
Im also in a same boat.My wife is a tier1 dependent since Jan2008 and Im going to complete my 10 years lawfull residence in uk in december 2010.
I would like to know when can my wife apply for ILR:
(a) As soon as I get ILR or
(b) She has to finish 2 years futher more to qualify for ILR.

Thanks

shawinam,

my understanding is that your wife can apply for ilr (as a wife of a settled and present person in the uk, etc) as soon as you get your ILR - because she's been granted dependant visa in the first place and has been your dependant for over 2 yrs now.

(a) Yes
(b) No

Provided all the same rules stay in place

Thanks Beige and sticagus for your answers.

sticagus, your last explanation does make sense actually. I hope this is how the UKBA set their requirement. Btw, do you know anyone recently who are in the same situation and has had a successful story already?

My understanding is that your wife should switch to FLR(M) and subsequently SET(M).

You are right, I have contacted the UKBA and they said my dependent must apply using FLR(M), before switching to SET(M) after 2 years.

YT10UK wrote:You are right, I have contacted the UKBA and they said my dependent must apply using FLR(M), before switching to SET(M) after 2 years.

I would apply ILR this year, then BC next year solo, then apply BC for wife as a married partner of 3 yrs of a BC rather than applying SET (M) for wife...

the disadvantage is, your wife might fall in to proationary citizenship and might have to wait longer to appy BC...

having said that, i am not sure if your wife can remain on tier#1 dep when your ILR technically nullifies the tier#1....

shs213 wrote:I would apply ILR this year, then BC next year solo, then apply BC for wife as a married partner of 3 yrs of a BC rather than applying SET (M) for wife...

How does spouse of a British citizen apply for BC in 3 years without being granted settlement in the first place? Or am I missing something?

Also, as per information available till date, anyone not eligible for settlement (i.e.- applies for it) or granted settlement on/before the day probationary citizenship laws are introduced will have to apply for probationary citizenship only.


regards

vinny wrote:My understanding is that your wife should switch to FLR(M) and subsequently SET(M).

According to section 287d of the UKBA rules, if she was given a visa as dependent on a tier 1 holder and then extended using FLR M, two year period starts on the day the tier 1 dependent visa was issued! That is my understanding! Is it wrong?