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ILR 5 year as a dependant

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

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saroshjabran
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ILR 5 year as a dependant

Post by saroshjabran » Sat Jan 18, 2020 10:57 pm

Hello,
I came to UK as a PBS dependent (Tie1 General). Subsequently I switched to FLR(M) category as my spouse got ILR (and now he is British citizen).
I understand that I could have chosen to stay in PBS dependent category but instead I applied(and was granted) extension under FLR(M).
I am getting an impression from a lot of posts on this forum that this 'reset my clock' and the 5 years requirement is from the time when I was granted my first FLR(M) visa and not from the time when I came here as PBS dependent. for example.
immigration-for-family-members/move-fro ... 59985.html
general-uk-immigration-forum/should-i-a ... 89847.html
indefinite-leave-to-remain/ilr-for-wife ... 76000.html

The problem is, I cannot find any evidence of this in the form of a statement of the UKBA website.
All the references in these posts are links to other posts on this forum.

As far as I can see the requirement to apply for ILR, the only requirement I can see on UKBA website is you have to be living with your partner in the UK for at least 5 years. Nowhere it states that this period has to be spent in FLR(M) (or a specific category).

Can someone please point me to a UKBA link which clarifies this.

My 2nd question is, whether I have to wait for 1 year to apply for british citizenship after I get ILR. My husband is british citizen now. I have seen somewhere in this forum I don't have to wait for one year and I can apply for BC straightaway after I get ILR but again, I cannot find an evidence of this.

thanks

vinny
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Re: IRL 5 year as a dependant

Post by vinny » Sun Jan 19, 2020 12:50 am

1. E-ILRP.1.3. Alternatively, switch back?

2. No wait. 6(2) is less restrictive than 6(1).

i.e. 3(c) is less restrictive than 1(2)(c)).
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.

saroshjabran
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Re: IRL 5 year as a dependant

Post by saroshjabran » Sun Jan 19, 2020 11:56 am

Thanks Vinay,
I must admit the language used in these legislation documents is beyond me but I will just take your word here.
The only thing I wanted to clarify is for my second question, when you said 'No wait' you mean I can apply for BC straightaway after getting IRL without waiting 1 year ?

thanks

Klarae
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Re: IRL 5 year as a dependant

Post by Klarae » Sun Jan 19, 2020 2:02 pm

You don't have to wait a year after ILR if your spouse is British. I applied the day after receiving my ILR.

saroshjabran
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Re: ILR 5 year as a dependant

Post by saroshjabran » Sun Jan 19, 2020 11:38 pm

Perfect, thanks, one last thing, I don't find the guidance document related to SET(M) anywhere. UKBA used to have a very detailed document which explained all the evidence required etc but now it just takes you straight to online application.

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Zimba
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Re: ILR 5 year as a dependant

Post by Zimba » Mon Jan 20, 2020 12:12 am

saroshjabran wrote:
Sun Jan 19, 2020 11:38 pm
Perfect, thanks, one last thing, I don't find the guidance document related to SET(M) anywhere. UKBA used to have a very detailed document which explained all the evidence required etc but now it just takes you straight to online application.
First of all UKBA does not exist anymore. It was disbanded in 2013 :!:
The important document related to family visa is the financial requirement guide: https://assets.publishing.service.gov.u ... -ext_1.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: ILR 5 year as a dependant

Post by vinny » Mon Jan 20, 2020 12:42 am

Collection of guidances for caseworkers.
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.

saroshjabran
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Re: ILR 5 year as a dependant

Post by saroshjabran » Tue Jan 21, 2020 12:28 pm

Thanks guys, it seems they have now removed the guidance document they used to have. All the information used to be in one place and easy to understand and now everything is spread everywhere in different documents.

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