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Help needed pls

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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Maneks
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Joined: Tue Oct 23, 2012 10:28 am

Help needed pls

Post by Maneks » Tue Mar 18, 2014 12:44 pm

Dear Experts

Apologies in advance for the long and complicated query, but I am so hoping I can have some advice from one of you on my situation.

My husband completes his 10 years in the UK in September 2014 ( first as a student, then as a dependent on Tier 1). I complete 5 years of my Tier 1 work visa in March 2015. We plan to apply for ILR through either of these two routes. Now my question to you is:

a) Which route do you think is more advisable for the ILR - the 10 year stay route through my husband in Sep 2014 or the 5 year route of my Tier 1 in March 2015?
b) If we were to apply through the 10 year route for the ILR, how soon can we apply given that we complete 10 years in Sep 2014.
c) What are the documents that we will require for the 10 year route, and how long does it usually take? Also, is there a bank balance that needs to be shown - how much and for how many months? I am guessing we need a separate form for each person (main applicant +dependents?)

Also, we had our baby in the UK in Jan 2013. He has an Indian passport, but no visa for UK yet. We intend to apply for his visa when we apply for our ILR through either of the routes listed above. Do you think this is doable?

Thanks in advance and apologies if some of the queries come across as quite basic.

Regards
Maneks

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CR001
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Re: Help needed pls

Post by CR001 » Tue Mar 18, 2014 12:55 pm

Your husband can apply when he qualifies for 10 years long residence. There is no 'dependent' category for long residence applications. Each person needs to meet the 10 years residence requirement.

Long residence are postal applications only, there is no option for in person appointments.

How long have you been resident in the UK? If you have not been resident for 10 years, you cannot apply as a dependent on your husband.

The quickest route for you (and your husband) is to apply for ILR once you have reached 5 years residence, which you can do with an in person appointment or postal.

If you prefer to apply on the basis of your husband for whatever reason, you have to apply on FLR(M) as spouse of settled person, once his ILR 10 years is approved. This will reset your clock and you will then qualify for ILR in another 5 years on form SET(M).
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Maneks
Newly Registered
Posts: 14
Joined: Tue Oct 23, 2012 10:28 am

Re: Help needed pls

Post by Maneks » Tue Mar 18, 2014 1:15 pm

Thanks so much for the prompt and very clear response! My next question then would be do you think by March 2015 the rules for me being eligible for the ILR through the Tier 1 (2+3) route would change? I mean the rules keep changing so rapidly, it makes me nervous to let go off the 10 year route (although I understand it is a more complicated process) when the 5 year rule might change by the time I complete my 5 years.

I will complete 8 years this June 2014 (first as a dependent and then as Tier 1).

Could you also be so kind to let me know what bank balance I need to show for the ILR through my Tier 1 in March 2015? We have bought a house recently and a little low on cash these days:)

Also, I guess I can apply for the visa for my baby when we apply for my ILR in March 2015? Of course that means no International trips for him till then!

Maneks
Newly Registered
Posts: 14
Joined: Tue Oct 23, 2012 10:28 am

Re: Help needed pls

Post by Maneks » Tue Mar 18, 2014 2:12 pm

Also, will be extremely grateful if you could let me know how soon can I apply for the ILR given my Tier 1 expires in March 2015. I look forward to your response, and thanks a bunch for your help in advance!

hhsmp
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Posts: 78
Joined: Tue Jan 20, 2009 7:48 am
Location: London, United Kingdom
United Kingdom

Re: Help needed pls

Post by hhsmp » Tue Mar 18, 2014 2:15 pm

Hi Guys,

Coming back here after a long time and i can still see loads of helpful people :).

My details are:

Tier1 Granted: 12 March 2009 (landed UK 13 Aug 2009) for 3 years
First Extension: 11 March 2012 (Granted from 12 May 2012) for 2 years
BRP Expiring: 11 May 2014

And my questions are:

Am i able to apply for ILR on or before 11 May 2014? or i need another extension till Mid or end of July 2014?
And Will my time in UK start from 13 Aug 2009 or 12 Mar 2009?

With 180 days absence i am confused cause i arrived 5 months late :(.

Rgds,
-hhsmp
Rgds,
-hhsmp

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