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Help needed: Dependent of long residence ILR holder

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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ad888
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Help needed: Dependent of long residence ILR holder

Post by ad888 » Fri Apr 24, 2015 7:09 pm

Hello,

Firstly, I would like to thank every one who contributes to this board. I hope someone will be able to help me with my (hopefully straightforward) question below.

Timeline:
-Pre April 2010 : Main applicant on Student Visa
-April 2010: Main applicant switches to PSW
-November 2011: Wife granted leave to enter as PSW dependent.
-January 2012: Wife joins main applicant in UK.
- May 2012: Main applicant switches to Tier 2 General, wife switches at the same time to Tier 2 dependent visa.
- December 2013: Main applicant granted ILR under long residence route. wife STILL has Tier 2 dependent visa.
- April 2015: Wife Tier 2 dependent visa due to expire.

Question:
- What visa does the wife need to apply for?
- How long will it be granted for?
- what is the best route the wife can take to ILR?

Apologies if these questions are answered somewhere in this forum, but i have been searching extensively and haven't found a case identical to mine.

Thanks in advance for your help!

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CR001
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Re: Help needed: Dependent of long residence ILR holder

Post by CR001 » Fri Apr 24, 2015 7:29 pm

If you had applied for your wife before 6 April 2014, she would have been able to switch to FLR(M) and then ILR.

Now that the rules changed on that date, you have no option but to apply FLR(M) and she will have to wait a further 5 years as spouse of ILR holder before she can apply for ILR.

She will also have to apply for a extension after 2.5 years. Her time she has spent in the UK will not count towards this new 5 year requirement.

The NHS surcharge will be applicable to her for the visa validity.
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ad888
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Joined: Fri Apr 24, 2015 6:44 pm

Re: Help needed: Dependent of long residence ILR holder

Post by ad888 » Fri Apr 24, 2015 8:45 pm

Thank you very much for the quick reply, CR001. It's shame that we've missed the much easier route.

I've just gone online to check the health surcharge. I'm a bit confused with the calculator in:

https://www.immigration-health-surcharg ... ecker/type

One of the questions is:

"About the person you are joining in the UK
What is their visa route?"


I can't see ILR in the drop down menu. Am I missing something?

Obie
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Re: Help needed: Dependent of long residence ILR holder

Post by Obie » Sat Apr 25, 2015 1:03 am

People applying for ILR don't need to pay the Surcharge, so you will not see ILR there.

You are , or will be applying for 2 and half years visa, therefore you need to pay £500 for the Surcharge.

ILR is not what you will be applying for, as you clearly don't qualify for it.
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ad888
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Re: Help needed: Dependent of long residence ILR holder

Post by ad888 » Sat Apr 25, 2015 7:00 am

Obie wrote:People applying for ILR don't need to pay the Surcharge, so you will not see ILR there.

You are , or will be applying for 2 and half years visa, therefore you need to pay £500 for the Surcharge.

ILR is not what you will be applying for, as you clearly don't qualify for it.
Obie, thank you. I know I'm not applying for ILR for my wife. However, the question I'm referring to is not about the applicant, but the person they are joining in the UK (i.e. myself - ILR holder).
ad888 wrote:
One of the questions is:

"About the person you are joining in the UK
What is their visa route?"


I can't see ILR in the drop down menu. Am I missing something?
This is also the case if I want to pay for the surcharge. I can't proceed without entering the expiry date of the sponsor's (i.e. myself) visa, even when I put my visa type as settlement.

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