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Dependant of ILR (LR) applicant

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sunny7876
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Joined: Wed Nov 11, 2015 7:15 pm

Dependant of ILR (LR) applicant

Post by sunny7876 » Wed Nov 11, 2015 8:12 pm

Hi all members. I am new to the immigrationboards and I need your assistance in relation to my wife visa.
A brief background: (1) I entered UK as a student in 2005 and I have been granted ILR on the basis of 10 years long residence in Sep 2015.
(2) My wife joined me in UK on May 3, 2007 as student dependent.
(3) Her current visa status is Tier 1 (G) dependent and is due to expires on 7 April 2017.
(4) If she continuous to retain her current status till it expires, she will be short by approx 26 days of 10 years continuous long residence.
Now I have a few questions where I need your assistance:
(a) Can she retain her current status till it expires?
(b) If no, Shall I apply her visa using FLR (M)?
(c) If yes, Will she able to apply under 10 years continuous long residence although she will be approx 26 days short of 10 years period.
Please advice me what should I do. Thanks

sunny7876
Newly Registered
Posts: 5
Joined: Wed Nov 11, 2015 7:15 pm

Re: Dependant of ILR (LR) applicant

Post by sunny7876 » Tue Nov 17, 2015 6:47 pm

Hi. Nobody is responding to my post, I really need your help guys. I have been granted ILR (LR) on 15th Sep 2015. My wife is currently on T1 dependent vis which is due to expires in Apr 2017. She has been in the UK with me since May 207 and she will be short by approx 28 days to qualify for 10 years long residence when her current visa expires. Now my questions are:
(1) Should I apply her FLR (M) as soon as possible?
(2) Wait till Apr 2017 and apply her through ILR (LR) ?
Please respond. Thanks

sunny7876
Newly Registered
Posts: 5
Joined: Wed Nov 11, 2015 7:15 pm

Dependant of ILR (long residence) applicant on PBS leave

Post by sunny7876 » Wed Nov 18, 2015 2:56 am

Hi all. Actually I need assistance/clarification in relation to my wife visa. I have been granted ILR (LR) in Sep 2015. My wife is currently on T1(G) dependent visa which will expires in April 2017. My wife has been in the UK , as my dependent, since May 2007. When her current visa will expires she will be short by approx 28 days to complete her 10 years long residence. Now I have two questions where I need your help:

1. Shall I apply her visa using FLR (M) as soon as possible? OR

2. Shall I apply her settlement visa via 10 years long residence route?

Your help will be highly appreciated.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Dependant of ILR (long residence) applicant on PBS leave

Post by vinny » Wed Nov 18, 2015 5:25 am

If travelling or leave is curtailed, then she should switch to FLR(M).
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.

sunny7876
Newly Registered
Posts: 5
Joined: Wed Nov 11, 2015 7:15 pm

Re: Dependant of ILR (long residence) applicant on PBS leave

Post by sunny7876 » Thu Nov 19, 2015 12:21 am

Thanks Vinny. So, I can assume from it that its better she wait and apply for ILR (LR) at the end of her current visa.One more thing, is there any possibility of her visa curtailment?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Dependant of ILR (long residence) applicant on PBS leave

Post by vinny » Thu Nov 19, 2015 1:24 am

There is a possibility of curtailment as some curtailment teams seems to be too keen, to the point of irrationality misinterpreting both the rules and guidance.
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.

sunny7876
Newly Registered
Posts: 5
Joined: Wed Nov 11, 2015 7:15 pm

Re: Dependant of ILR (long residence) applicant on PBS leave

Post by sunny7876 » Fri Nov 20, 2015 1:47 am

Hi Vinny. Please can you tell me what are the success chances if I apply my wife ILR on the basis of 10 years long residence? One point to be noted that she will be short by 28 days for completing her 10 years when her current T1 (G) PBS dependant visa will expires.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Dependant of ILR (long residence) applicant on PBS leave

Post by vinny » Fri Nov 20, 2015 2:15 am

She may apply for SET(LR) up to 28 days prior to the completion of her 10 years in the UK.
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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