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Old Work Permit Dependant ILR route?

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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owpd08
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Old Work Permit Dependant ILR route?

Post by owpd08 » Sun Jul 28, 2013 9:41 pm

Hi All,

Sorry if this has already been covered but I am finding it very difficult to find information specific to my Visa Type "Work Permit Dependant" and if I can apply in my own right for ILR or if I have to apply as a dependant for my partner.

We both arrived on Working Holiday Maker and after 1 year My Partner got the Old Work Permit issued October 2008 which is valid for 5 years.

We both went back to our country to get Entry Clearance and we were both issued 5 year entry clearance that is due to expire in December 2013.

My Questions would be:

Can I apply in my own right under SET (O) for 5 years residence?

If not, and I have to apply as a dependant of my Partners SET (O) application, will I be issues ILR or will I be issued a dependant visa?

Do we apply 28 days before our entry clearance is due to expire or 28 days before the work permit was issued?

If I can apply either as a Dependant or in my own right to get ILR is there any benefit in choosing one over the other?

Many Thanks,

vinny
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Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Mon Jul 29, 2013 12:41 am

A work permit dependant is eligible for ILR only if the main work permit applicant succeeds in obtaining ILR, unless the dependant satisfies the Long residence requirements.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

owpd08
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Posts: 2
Joined: Sun Jul 28, 2013 9:30 pm

Post by owpd08 » Mon Jul 29, 2013 12:35 pm

So, I must apply as a dependent of the main work permit and I cannot apply with my own independant application in this case?

vinny
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Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Mon Jul 29, 2013 12:43 pm

That's correct.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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