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ILR- Spouse of a recently settled (ILT-10y LR)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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itsejaz
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ILR- Spouse of a recently settled (ILT-10y LR)

Post by itsejaz » Mon Sep 22, 2014 9:21 am

Hi All,
Due to all these immigration rules changes, I am confused to death and looking for help. Finally I decided to request you all to help me.
I came to the UK in 2004, got my ILR based on 10 y long residence, recently.
My wife came to the UK as my dependent in November, 2011 (before 2012/3-rule changes) and have been here for about 3 years to date. She has KOLL tests pass.
Can she Apply for ILR as a spouse of the settled person? i.e., does she have to wait for 5 years or she can apply now, if yes, please guide me to the article under which she can apply. If home office web address is available that would be great.
Thanks in advance and much appreciated :wink: .
Best Regards

itsejaz
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Re: ILR- Spouse of a recently settled (ILT-10y LR)

Post by itsejaz » Mon Sep 22, 2014 9:30 am

Hi good people,
just an additional details for above posted question.
1. My wife have renewed her visa twice since she arrive in Nov, 2011.
i, 2013 due to visa expiry and renewed as a dependent of Tier 2 General
ii, 2014 due to my job change under Tier 2 General
Regards

iworker
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Re: ILR- Spouse of a recently settled (ILT-10y LR)

Post by iworker » Mon Sep 22, 2014 9:41 am

You said u got your ilr recently.. how recently is that.
If you aplied after 4 April 2014, then she will have to change her visa to FLR(M) and wait again before she is eligible for ILR.

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Re: ILR- Spouse of a recently settled (ILT-10y LR)

Post by Obie » Mon Sep 22, 2014 9:43 am

Your wife will need to apply for a New visa, under appendix FM, and wait for 5 years to acquire ILR.

Had you stayed on PBS route and acquired ILR through it, then she would have qualified immediately.

Now, you have to apply under appendix FM, subject to meeting the 18,600 requirement, and she will qualify 5 years after her leave is issued, for ILR.
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itsejaz
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Re: ILR- Spouse of a recently settled (ILT-10y LR)

Post by itsejaz » Tue Sep 23, 2014 11:28 am

Good Afternoon All,
Thanks for great responses,
Yes, I applied for ILR after 04/04/2014.
What I gather is that, in short, she has to apply for new FM visa and then stay for 5 years before she can apply for ILR. :oops:
Best Regards

itsejaz
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Re: ILR- Spouse of a recently settled (ILT-10y LR)

Post by itsejaz » Wed Dec 10, 2014 4:20 pm

Hi guys, Thanks for Advice, yet one tiney tiny detail is that my wife has got valid visa until 2017 September, when she would be here for more than 5 years,
My question is
Should she apply now to move into 5 year FLR (M) visa category, so that she can go for ILR after 5 years, or
should I wait until 2017 and then jump into this category (to see if there is any changes or modification available then)?
Best Regards
Obie wrote:Your wife will need to apply for a New visa, under appendix FM, and wait for 5 years to acquire ILR.

Had you stayed on PBS route and acquired ILR through it, then she would have qualified immediately.

Now, you have to apply under appendix FM, subject to meeting the 18,600 requirement, and she will qualify 5 years after her leave is issued, for ILR.

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CR001
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Re: ILR- Spouse of a recently settled (ILT-10y LR)

Post by CR001 » Wed Dec 10, 2014 5:49 pm

She should apply to switch to FLR(M) sooner rather than later. Once she switches, her 5 year clock will start again at 0 and she will have to complete 5 years on FLR(M) before she can qualify for ILR. She cannot use a combination of PBS dependent and FLR(M) to make up 5 years. She would only be able to use the combination for ILR based on 10 years long residence.

If there are any changes or modifications in the future, they will in all probability only become harder and more difficult and not any easier.

There is no easy way unfortunately, particularly as you have ILR based on long residence.
Char (CR001 not Casa)
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