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ILR- wife on individual WP and dependent combo over 4 years

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

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yipee
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Posts: 36
Joined: Wed Sep 19, 2007 10:03 am

ILR- wife on individual WP and dependent combo over 4 years

Post by yipee » Sun Dec 05, 2010 10:01 am

Hello Everyone,

I hope I will be able to get some guidance as I am getting a lot of different responses.

Have been in the UK, initially on WP and for past couple of years on T1 General and will be applying for ILR shortly.

My wife, when she initially came to the UK 4 years back, came as my WP dependent.

Stayed on that visa for about 6 months and then re-applied for her own WP - stayed on that visa for about 2 years. Around 1.5 years back she re-applied as my dependent and is currently on that visa.

I will be applying for my ILR soon and wondering if she will be applicable.

The immigration notes say:

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years

She has been living in the UK for 4 years (married) but only on my dependent visa for 1.5 years.

Confusion is -

1. Is she required to be in the UK as my wife for over two years (regardless of her Visa status) and her last LTR should be my dependent?
2. Or she should be in UK for over 2 years on my dependent VISA regardless of time she has previously spent on other visa.

Calling PEO gives all sorts of responses and are different all the time.

Any guidance will be appreciated.
Regards, Yipee

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR- wife on individual WP and dependent combo over 4 ye

Post by vinny » Sun Dec 05, 2010 11:23 am

yipee wrote:1. Is she required to be in the UK as my wife for over two years (regardless of her Visa status) and her last LTR should be my dependent
1.
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.

yipee
Newbie
Posts: 36
Joined: Wed Sep 19, 2007 10:03 am

Post by yipee » Sun Dec 05, 2010 1:00 pm

Thanks.

This is what I thought. However, a written query to home office says point 2. I phone UKBA says 1 first time and point 2 second time round.

The matter gets even more complicated when I try booking PEO for my ILR and they say your wife isn't eligible.

Do do have any reference thread/success story which I could follow?

Appreciate your help

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Sun Dec 05, 2010 6:39 pm

yipee wrote:Do do have any reference thread/success story which I could follow?
Click on my link above.
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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