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ILR ten years route and dependants

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

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Josef_26
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ILR ten years route and dependants

Post by Josef_26 » Tue Apr 23, 2019 4:34 pm

Hi

I am currently on Tier 4 dependent visa (expiry- 2021). My wife (Tier 4 student) recently got the ILR. I will be eligible for ILR in May. Can you please advise if my current Tier 4 dependant visa is still valid?

Also, how do our daughter, also on Tier 4 dependant visa (3 yrs, born outside the UK) change her visa status as shes not eligible for ILR?

Thank you in advance.

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zimba
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Re: ILR ten years route and dependants

Post by zimba » Tue Apr 23, 2019 10:13 pm

The visa is valid but you cannot stay under PBS dependant route as your wife was granted ILR under the long residence. UKVI can curtail your visa or refuse your entry to the UK if you travel.
You must switch to FLR(M) (the 5 year partner route) which has income and English language requirements. This also means that you cannot get ILR unless you remain under the FLR(M) for 5 years or reach the 10 years for long residence, whichever sooner. Your daughter (as a non UK born child) will also follow exactly your immigration path.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Josef_26
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Re: ILR ten years route and dependants

Post by Josef_26 » Wed Apr 24, 2019 10:39 am

Thank you for your reply.
I arrived in the UK on 13 May 2009. Can I apply for ILR- Long Residence now as haven't maintained any funds for the FLR(M) (the 5 year partner route). Please advise, thank you.

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CR001
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Re: ILR ten years route and dependants

Post by CR001 » Wed Apr 24, 2019 10:40 am

Josef_26 wrote:
Wed Apr 24, 2019 10:39 am
Thank you for your reply.
I arrived in the UK on 13 May 2009. Can I apply for ILR- Long Residence now as haven't maintained any funds for the FLR(M) (the 5 year partner route). Please advise, thank you.
1. If you meet ALL the requirements for ILR based on 10 years long residence legal stay, then yes you can apply.

2. There is no 'maintenance fund' requirement for FLR(M)!!
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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