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ILR questions

Posted: Fri Sep 03, 2010 9:00 pm
by ksegal
Hi

I will be grateful if someone is able to help.

Both my wife and I work in UK under different immigration categories. My wife is on a 5 year work permit and coming up for ILR in May 2011, whereas I am on a Tier 1 visa coming up for a further 2 year extension in Apr 2011.

I have the following questions:

1. Whether my wife can include me in her application for ILR?
2. If yes, can she apply for ILR at all in March 2011 therefore more than 28 days earlier. This obviates the need to apply for an extension of my tier 1.
3. Provided point one is a yes, will I get ILR at the same time as her or some other dependant arrangement?
4. Will I be able to apply for citizenship on my own steam if she decides not to adopt british citizenship?
5. Will there be a need to go outside UK at all?

Thank you for your time and consideration.

KSegal

Re: ILR questions

Posted: Fri Sep 03, 2010 9:53 pm
by arvKUM
ksegal wrote:Hi

I will be grateful if someone is able to help.

Both my wife and I work in UK under different immigration categories. My wife is on a 5 year work permit and coming up for ILR in May 2011, whereas I am on a Tier 1 visa coming up for a further 2 year extension in Apr 2011.

I have the following questions:

1. Whether my wife can include me in her application for ILR?
2. If yes, can she apply for ILR at all in March 2011 therefore more than 28 days earlier. This obviates the need to apply for an extension of my tier 1.
3. Provided point one is a yes, will I get ILR at the same time as her or some other dependant arrangement?
4. Will I be able to apply for citizenship on my own steam if she decides not to adopt british citizenship?
5. Will there be a need to go outside UK at all?

Thank you for your time and consideration.

Others can correct me if i am wrong if ur on wife dependent visa u will get ILR at the same time when ur wife will get ie march 2011 . I am not very sure why u want to go ur own i am sure that ur aware that there might be some changes in july 2011
KSegal

Posted: Fri Sep 03, 2010 10:02 pm
by vinny
1. No. (196F applicable since 196D(v) is not met).

ILR questions

Posted: Fri Sep 03, 2010 10:04 pm
by ksegal
I am currently on a tier-1 general, not a dependant visa. My wife comes up for her ILR in May 2011 not March 2011.

I am not sure if she'll be able to apply for ILR in March 2011 since that's more than 28 days earlier than her WP expiration May 2011.

Any good places to look for proposed changes to July 2011 ILR changes? Thanks.

Posted: Fri Sep 03, 2010 10:11 pm
by ILRindia
Don't worry. Carry on and all the best

Re: ILR questions

Posted: Fri Sep 03, 2010 10:31 pm
by vinny
ksegal wrote:I am currently on a tier-1 general, not a dependant visa. My wife comes up for her ILR in May 2011 not March 2011.

I am not sure if she'll be able to apply for ILR in March 2011 since that's more than 28 days earlier than her WP expiration May 2011.

Any good places to look for proposed changes to July 2011 ILR changes? Thanks.
She cannot include you in her ILR application, unless you obtain an entry clearance as her dependant and meet all the other requirements (196E).
Settling in the UK wrote:Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (where a fee is charged). However, you must make your application before your current permission to stay in the UK expires.

Posted: Sat Sep 04, 2010 12:23 am
by geriatrix
1. No, unless you follow what Vinny has suggested above.
2. No, there's no exception to 28 days (only) allowance.
3. Yes, if (as Vinny has mentioned) you obtain EC as your spouse's dependent.
4. Yes, as and when you fulfil the standard requirements for naturalisation.
5. Yes, if you want to apply for settlement at the same time as your spouse.


regards

Posted: Sat Sep 04, 2010 8:13 am
by ksegal
Thanks folks.