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Permission to live for my wife?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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masouds
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My wife after my ILR

Post by masouds » Mon Sep 07, 2020 8:24 pm

I am currently on Tier 2 and my wife is my dependant, I applied for ILR through Long residency. When/if I get my ILR can she stay on her current Tier 2 dependant visa until she becomes eligible for ILR (next year)? what if I change my job after I receive ILR?

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CR001
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Re: My wife after my ILR

Post by CR001 » Mon Sep 07, 2020 8:27 pm

No she cannot. She has to switch to FLR M spouse visa and meet the English and financial requirements. Her 5 year ilr clock resets to zero and she will need 2 X 2.5 years FLR M visas before she can apply for ilr.

She would only qualify for ilr as a PBS dependent if you got ilr based on 5 years tier 2.

Your job and who you work for is irrelevant.

A PBS dependent cannot apply for ilr based on 5 years PBS Dependent visa if you get ilr based long residence. The rules don't allow this since april 2014.

https://www.immigrationboards.com/immig ... 43881.html

I also asked you a questions in your other topic last week.

https://www.immigrationboards.com/uk-ti ... l#p1931584
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masouds
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Posts: 33
Joined: Mon Jul 06, 2020 10:48 pm
Iran

Re: My wife after my ILR

Post by masouds » Tue Sep 08, 2020 12:19 pm

Thank you for your reply. When I receive my ILR, how soon should I change my wife Tier 2 dependant to Family one? and as soon as she reaches 10 years she can apply for her ILR as this comes sooner for her than 5 year family route?

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CULLINAN
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Re: My wife after my ILR

Post by CULLINAN » Tue Sep 08, 2020 1:03 pm

masouds wrote:
Tue Sep 08, 2020 12:19 pm
Thank you for your reply. When I receive my ILR, how soon should I change my wife Tier 2 dependant to Family one? and as soon as she reaches 10 years she can apply for her ILR as this comes sooner for her than 5 year family route?
You should change asap. Your wife’s visa could be curtailed or denied entry to UK if she travels otherwise. Also, the sooner you switch, the sooner the new continuous period for ILR clock restarts.
Yes she can apply for ILR on LR basis if that comes earlier.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

masouds
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Iran

Re: My wife after my ILR

Post by masouds » Tue Sep 08, 2020 1:43 pm

Thank you very much for your reply. On this link (https://www.gov.uk/uk-family-visa) it says, you can extend or switch at any time before your current permission to stay in the UK expires. Is that not applicable to my query?

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CULLINAN
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Re: My wife after my ILR

Post by CULLINAN » Tue Sep 08, 2020 1:44 pm

masouds wrote:
Tue Sep 08, 2020 1:43 pm
Thank you very much for your reply. On this link (https://www.gov.uk/uk-family-visa) it says, you can extend or switch at any time before your current permission to stay in the UK expires. Is that not applicable to my query?
It is applicable for someone already on that route or someone switching otherwise. Once PBS main applicant applies ILR on LR basis a PBS dependent can not carry on PBS route.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

masouds
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Iran

Permission to live for my wife?

Post by masouds » Sun Oct 18, 2020 8:26 am

Good morning,

I am applying for my wife's family visa. I own the property and in application it says I have to provide a letter confirming permission to my wife living in my house?! is there any sample for this?

and I have just received my ILR, can I submit my wife's application before receiving BRP?

Thank you.

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seagul
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Re: Permission to live for my wife?

Post by seagul » Sun Oct 18, 2020 3:21 pm

masouds wrote:
Sun Oct 18, 2020 8:26 am
Good morning,

I am applying for my wife's family visa. I own the property and in application it says I have to provide a letter confirming permission to my wife living in my house?! is there any sample for this?
If you own the property then you don't need to issue any noc letter to your partner.
masouds wrote:
Sun Oct 18, 2020 8:26 am
and I have just received my ILR, can I submit my wife's application before receiving BRP?

Thank you.
If her visa expiry date isn't lapsing soon, then better to wait until receiving it because BRP card may contain errors on it which you might have to rectify first (rarely happens).
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

masouds
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Iran

Re: Permission to live for my wife?

Post by masouds » Sun Oct 18, 2020 5:08 pm

Thank you very much for your reply. Is "Partner Route" different to dependant visa? there is a question asking whether this is the first time she is applying for partner route, she is currently on Tier 2 dependant, should I answer "yes this is the first time"?

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seagul
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Re: Permission to live for my wife?

Post by seagul » Sun Oct 18, 2020 5:13 pm

masouds wrote:
Sun Oct 18, 2020 5:08 pm
Thank you very much for your reply. Is "Partner Route" different to dependant visa? there is a question asking whether this is the first time she is applying for partner route, she is currently on Tier 2 dependant, should I answer "yes this is the first time"?
Usually this question come along with an additional text in brackets something like that (including you are on different visa and now switching from inside UK). If so, then saying it yes will be fine.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

masouds
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Joined: Mon Jul 06, 2020 10:48 pm
Iran

Re: Permission to live for my wife?

Post by masouds » Fri Oct 23, 2020 7:54 am

Hello
I am still waiting to receive my BRP but I have UKVCAS appointment tomorrow, do you think If I submit my wife application with an email from HO confirming my ILR is granted, it will be acceptable? or should I cancel the appointment and wait.

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seagul
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Re: Permission to live for my wife?

Post by seagul » Fri Oct 23, 2020 8:33 am

masouds wrote:
Fri Oct 23, 2020 7:54 am
Hello
I am still waiting to receive my BRP but I have UKVCAS appointment tomorrow, do you think If I submit my wife application with an email from HO confirming my ILR is granted, it will be acceptable? or should I cancel the appointment and wait.
Preferably wait for your BRP card and reschedule the appointment (if possible) because BRP card sometimes contain errors which demand prompt rectification.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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