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ILR for my wife

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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Ashil
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ILR for my wife

Post by Ashil » Fri Dec 06, 2019 8:51 am

Hello everyone,
Just wondering if you could help me out here.
I am applying for ILR through Long Residency route. I have arrived to the UK on February 2010 on Tier 4 student visa. I have got married in 2012 and my wife joined me in 2012 on a dependent visa.
till 2015 she was on my tier 4 visa. After that she started university and I became her dependent till 2016, where I again started studying and she became my dependent again on tier 4 visa.
In 2017 I switched to tier2 visa and from then she is my dependent on tier 2 visa.
My question is:
As I am planning to apply for my ILR in January (Long Residency) and she was with me since 2012, can she also apply for ILR? if yes, does she need to that after my application has been approved?
If no, what happens to her dependent visa, which is still valid till December 2020.
Many thanks in advance,
Dave

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CR001
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Re: ILR for my wife

Post by CR001 » Fri Dec 06, 2019 9:42 am

As I am planning to apply for my ILR in January (Long Residency) and she was with me since 2012, can she also apply for ILR?
No she cannot. ILR based on long residence does NOT permit dependants to apply with you. She also does not meet the requirement for long residence ILR.
if yes, does she need to that after my application has been approved? If no, what happens to her dependent visa, which is still valid till December 2020.
She has to switch to FLR(M) spouse visa, English B1 and financial requirement must be met, once you have been granted ILR. Her 5 year ILR clock will be reset to zero.
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.

Ashil
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Iran

Re: ILR for my wife

Post by Ashil » Sat Dec 07, 2019 11:15 am

Many thanks for your prompt reply.
Could you please answer these two follow up questions:
as she has been in the UK from 2012, does this mean after getting her spouse visa from FLR(M) route, she could still apply for ILR in 2020 via Long Residency Route?
Also, as my tier 2 visa is valid for another year, so as her dependant visa, does she need to apply for FLR(M) once I got my ILR, or she can wait towards end of her current tier 2 dependant visa? If yes, does this affect any travel outside the UK, given that my tier 2 visa is no longer valid?

Many thanks in advance,
Dave

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Casa
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Re: ILR for my wife

Post by Casa » Sat Dec 07, 2019 1:09 pm

Ashil wrote:
Sat Dec 07, 2019 11:15 am
Many thanks for your prompt reply.
Could you please answer these two follow up questions:
as she has been in the UK from 2012, does this mean after getting her spouse visa from FLR(M) route, she could still apply for ILR in 2020 via Long Residency Route?
Also, as my tier 2 visa is valid for another year, so as her dependant visa, does she need to apply for FLR(M) once I got my ILR, or she can wait towards end of her current tier 2 dependant visa? If yes, does this affect any travel outside the UK, given that my tier 2 visa is no longer valid?

Many thanks in advance,
Dave
If your wife's date of entry is correct in your post, she will qualify for ILR under 10 years long residence in 2022.

She can wait to switch to FLR(M), but it would be unwise to travel outside of the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ashil
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Iran

Re: ILR for my wife

Post by Ashil » Sun Dec 08, 2019 9:56 am

Many thanks for your reply.
My last question!
My first UK visa issued on 14/1/2010, but I arrived to UK on 7/2/2010.
When is the earliest time for me to submit my application? I will do the super priority one, which I also read here that is difficult to get?

Cheers,
Dave

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CR001
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Re: ILR for my wife

Post by CR001 » Sun Dec 08, 2019 10:01 am

You can apply no sooner that within 28 days before the 10th anniversary of the date you ENTERED the UK, ie 7 Feb 2020 minus 28 days.

The date you submit and pay online is the date of application.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Ashil
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Iran

Re: ILR for my wife

Post by Ashil » Sat Feb 01, 2020 11:47 am

Hello again!
I am applying for a FLR(M) for my wife.
The question asks: Is your current entry clearance or leave to remain as the partner of one of the following?
She is on my visa as a dependant tier 2 worker.
So I am guessing the answer to the above question should be no?
Could you please clarify?

Many thanks in advance
Dave

Ashil
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Iran

Re: ILR for my wife

Post by Ashil » Sun Feb 02, 2020 11:12 am

CR001 wrote:
Sun Dec 08, 2019 10:01 am
You can apply no sooner that within 28 days before the 10th anniversary of the date you ENTERED the UK, ie 7 Feb 2020 minus 28 days.

The date you submit and pay online is the date of application.
Hello again!
I am applying for a FLR(M) for my wife.
The question asks: Is your current entry clearance or leave to remain as the partner of one of the following?
She is on my visa as a dependant tier 2 worker.
So I am guessing the answer to the above question should be no?
Could you please clarify?

Many thanks in advance
Dave

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zimba
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Re: ILR for my wife

Post by zimba » Sun Feb 02, 2020 4:38 pm

It is should be yes
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CR001
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Re: ILR for my wife

Post by CR001 » Sun Feb 02, 2020 4:50 pm

Zimba wrote:
Sun Feb 02, 2020 4:38 pm
It is should be yes
It is no as the options are if entry clearance as a Fiance visa or current for m visa holder.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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