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ILR for Tier 2 partner

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

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cuongle
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ILR for Tier 2 partner

Post by cuongle » Sat Oct 12, 2019 11:57 pm

Hi All

My wife and I are preparing to apply ILR for our case at beginning of next year. But we still have some confusion. Our information:

1. I am on Tier 2 General Visa, valid from 23/03/2015 to 01/04/2020, I am only working for one company.
2. My wife is on Tier 2 Partner (PBS dependant), valid from 23/03/2015 to 01/04/2020
3. We both entered UK together at 01/04/2015
4. My wife was out of UK from 31/01/2016 to 09/07/2016 (under 180 absence days), no other outside UK time.
5. We have shared bank account for nearly five years
6. My wife has Master degree from Scotland.
7. We have twins born in UK at 28/12/2016

We have some following questions:

1. Is this eligible for my wife to apply ILR together with me at the same time? Or I need to apply and get ILR first thru priority service, and then my wife can be able to apply once I got it.

2. As my wife was out of UK from 31/01/2016 to 09/07/2016 (under 180 absence days), she is still eligible to apply ILR?

3. Does she need to take English test again as she has Master degree from Scotland?

4. Which document we need to prove out the relationship? (there is no her name on any bill, only council tax for last year, but we have our twin certificates, shared bank account and marriage certificate from our country)

5. If my wife application fail? can we re- apply for her again or is there any possible backup route as her visa got expired at that time?

6. We don't need to apply ILR for our twins, right?

Thanks, your help is highly appreciated

Cuong

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CR001
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Re: ILR for Tier 2 partner

Post by CR001 » Sun Oct 13, 2019 12:08 am

1. Yes you can apply at the same time.

2. There is no absence limit for visas issued before 11th January 2018. Her absence is irrelevant.

3. No, degree is sufficient.

4. Two years evidence in joint names or individually addressed from 3 sources, spread evenly for every or 4 months.

5. Why would it be refused??

6. No you don't.
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CULLINAN
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Re: ILR for Tier 2 partner

Post by CULLINAN » Sun Oct 13, 2019 12:13 am

cuongle wrote:
Sat Oct 12, 2019 11:57 pm
Hi All

My wife and I are preparing to apply ILR for our case at beginning of next year. But we still have some confusion. Our information:

1. I am on Tier 2 General Visa, valid from 23/03/2015 to 01/04/2020, I am only working for one company.
2. My wife is on Tier 2 Partner (PBS dependant), valid from 23/03/2015 to 01/04/2020
3. We both entered UK together at 01/04/2015
4. My wife was out of UK from 31/01/2016 to 09/07/2016 (under 180 absence days), no other outside UK time.
5. We have shared bank account for nearly five years
6. My wife has Master degree from Scotland.
7. We have twins born in UK at 28/12/2016

We have some following questions:

1. Is this eligible for my wife to apply ILR together with me at the same time? Or I need to apply and get ILR first thru priority service, and then my wife can be able to apply once I got it.

2. As my wife was out of UK from 31/01/2016 to 09/07/2016 (under 180 absence days), she is still eligible to apply ILR?

3. Does she need to take English test again as she has Master degree from Scotland?

4. Which document we need to prove out the relationship? (there is no her name on any bill, only council tax for last year, but we have our twin certificates, shared bank account and marriage certificate from our country)

5. If my wife application fail? can we re- apply for her again or is there any possible backup route as her visa got expired at that time?

6. We don't need to apply ILR for our twins, right?

Thanks, your help is highly appreciated

Cuong
1) She can apply with you
2) There is no absence limit for PBS dependents if the last leave of leave was granted before 11th Jan 2018 i.e. the extension. Anyways, she qualifies.
3) Yes. UK Msc degree is accepted.
4) You need to prove you have a subsisting relationship with your wife. 2 kids is a proof in itself. But HO needs documents. 3/4 different sources spread evenly for the last 2 years i.e. every 3/4 months.
Ideally a couple docs in joint names. But if not, top it up with solo names but same address.
Tenancy agreement
Council Tax
Bills
NHS letters
etc
5) If you get ILR, she will get it too. Be positive.
6) No need to apply for UK born kids. Once you have ILR, you can register them as British Citizens.

Note: HO will most likely write to you why you did not apply for the kids. It is a standard procedure they follow. You just have to simply let them know that you will register them as BC after your ILR.

Note: Yourself and your wife also needs Life in UK plus English requirement.
Love for All, Hatred for None.

cuongle
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Re: ILR for Tier 2 partner

Post by cuongle » Sun Oct 13, 2019 9:28 pm

Thank your very much for both of you. It's a bit clear for me. One more question:

I can apply IRL within 28 days before 23/03/2020 (the day my visa issued) or before 01/04/2020 (the day I enter UK and the day my visa expired as well)?

Thanks

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CULLINAN
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Re: ILR for Tier 2 partner

Post by CULLINAN » Sun Oct 13, 2019 11:43 pm

cuongle wrote:
Sun Oct 13, 2019 9:28 pm
Thank your very much for both of you. It's a bit clear for me. One more question:

I can apply IRL within 28 days before 23/03/2020 (the day my visa issued) or before 01/04/2020 (the day I enter UK and the day my visa expired as well)?

Thanks
23/03/2020 minus 28 days.

Note: Date of application is the date you pay and submit your application. Biometrics date is irrelevant. So make sure you submit accordingly.
Love for All, Hatred for None.

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