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Old Work Permit Dependant ILR route?

Posted: Sun Jul 28, 2013 9:41 pm
by owpd08
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,

Posted: Mon Jul 29, 2013 12:41 am
by vinny
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.

Posted: Mon Jul 29, 2013 12:35 pm
by owpd08
So, I must apply as a dependent of the main work permit and I cannot apply with my own independant application in this case?

Posted: Mon Jul 29, 2013 12:43 pm
by vinny
That's correct.