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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Adam_lee
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by Adam_lee » Wed Jul 22, 2015 10:36 pm
My wife has been my dependant since March 2010.
I was on tier 4 and then psw and then tier 2 from August 2012. She didn't apply with my but she applied as dependent 8 months later in April 2013.
In August 2017 I will complete my 5 years and would be eligible tio apply for ilr.
my question can my wife apply with as she has been my dependant for more than 5 years.
Thanks
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vinny
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by vinny » Thu Jul 23, 2015 6:39 am
For the purposes of
319E(d)(ii), the start date for her being your dependant was when she was initially granted leave as your partner.
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Adam_lee
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by Adam_lee » Thu Jul 23, 2015 7:47 pm
So, basically she can apply with in August 2017. Right?
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vinny
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by vinny » Thu Jul 23, 2015 10:14 pm
When was she initially granted leave as your partner?
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Adam_lee
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by Adam_lee » Fri Jul 24, 2015 12:50 pm
Ok here are the dates
1 : I got Tier 4 on January 2010
2: my wife got Tier 4 dependant on February and entered the uk on March 2010
3: I and my wife got the PSW on August 2011. She applied at the same time with me as my dependant.
4: I got Tier 2 on August 2012.
5: My wife got Tier 2 dependent on April 2013. 8 months later than me because she didn't apply with me when I got the Tier2.
6. We both got Tier 2 extension on July 2015.
7. On August 2017 I would have completed my 5 yeas so I would be eligible for ILR. My wife has been my dependant since March 2010 under different visa catagories but she has been my Tier 2 dependent from April 2013. This the confusion I am in. Will she be eligible to apply with me for ILR on August 2017?
Thanks in advance and really appreciate your help.
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geriatrix
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by geriatrix » Fri Jul 24, 2015 7:54 pm
Adam_lee wrote:2: my wife got Tier 4 dependant on February and entered the uk on March 2010
7. On August 2017 I would have completed my 5 yeas so I would be eligible for ILR.
Will she be eligible to apply with me for ILR on August 2017?
Yes.
Life isn't fair, but you can be!
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Adam_lee
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by Adam_lee » Fri Jul 24, 2015 9:40 pm
Many thanks but would you please show me some proof? Thanks again
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vinny
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by vinny » Sat Jul 25, 2015 5:07 am
You wife may satisfy
319E, including 319E(d)(i) when she applies for ILR with you.
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Adam_lee
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by Adam_lee » Tue Jul 28, 2015 10:01 pm
Sorry what do you mean by "may"? Is there a possibility that her application would be refused because she didn't meet the continues residency requirement?
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vinny
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by vinny » Wed Jul 29, 2015 6:01 am
If your wife has
continuous leave, then she should be okay with the residential requirements in
319E(d). However, there are also other requirements in
319E, such as the
KOLL in
319E(g), etc.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.