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ILR application for T1-dependent

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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bhaskaroy
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ILR application for T1-dependent

Post by bhaskaroy » Wed Jun 13, 2012 12:30 pm

Hi Everyone, this is my first question in this forum, so please help me out.

I am on Tier-1 visa and will be completing my 5 years stay in UK during August 2012. My wife came UK during September'2007 on Tier-2 visa. During 3rd week of December 2011 she surrendered her Tier-2 visa and applied for Tier-1 dependent visa. Last 4.5 years we have been staying together in UK at the same address and we do have all the housing contracts, council bills and utility bills on our names.

I will be applying my ILR in August/September'2012. My wife will also complete 5 years stay in UK at the same time.

Can anyone please suggest whether she can apply for ILR at the same time with me as she is been staying with me for more then 2 years?

Any suggestion is much appreciated.

Kindly suggest.
Bhaskar Roy

geriatrix
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Post by geriatrix » Wed Jun 13, 2012 12:35 pm

Yes, if you can provide evidence of cohabitation for at least 2 years.

See also FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting
Life isn't fair, but you can be!

bhaskaroy
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Post by bhaskaroy » Wed Jun 13, 2012 12:42 pm

Thank you very much sushdmehta for your kind response.

We do have marriage certificate, both our names on Housing Contract, Electoral Service document, Utility Bills, Council Bills, Bank Statement etc etc. Do you think is it sufficient or we need to collect more documents from other department?

Could you please suggest, is there anything mentioned in the UKBA website so that I can take a copy of the rule while applying for ILR to the immigration officer.

Kind Regards,
Bhaskar Roy

Greenie
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Post by Greenie » Wed Jun 13, 2012 12:43 pm

bhaskaroy wrote:Thank you very much sushdmehta for your kind response.

We do have marriage certificate, both our names on Housing Contract, Electoral Service document, Utility Bills, Council Bills, Bank Statement etc etc. Do you think is it sufficient or we need to collect more documents from other department?

Could you please suggest, is there anything mentioned in the UKBA website so that I can take a copy of the rule while applying for ILR to the immigration officer.

Kind Regards,
Bhaskar Roy

see Q12 in the link that sushdmehta has provided you, which refers to the relevent paragraph of the immigration rules.

bhaskaroy
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Post by bhaskaroy » Wed Jun 13, 2012 12:52 pm

Hi Guru, thank you for your kind response.

I did see that section mentioned by sushdmehta.

For all other economic migrants (Tier 1 (General), Tier 2), (spouse/partner) dependants must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" period need not be as a "dependant" or "continuous".

I was looking for if similar information is mentioned in UKBA website. So that I can take a print out and show to them in case of any difficult situation.

Kind Regards,
Bhaskar Roy

Greenie
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Post by Greenie » Wed Jun 13, 2012 12:54 pm

click on 319E(d) in the link - this takes you you to the relevent page on the UKBA website.

bhaskaroy
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Post by bhaskaroy » Wed Jun 13, 2012 1:01 pm

Many thanks Greenie and sushdmehta for your quick and positive response.

Kind Regards,
Bhaskar Roy

bhaskaroy
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Post by bhaskaroy » Mon Jun 18, 2012 1:33 pm

Hi Greenie and sushdmehta ,

Another question, should I fill up SET[O] form for myself and declare my wife as dependent on the same form or I need to fill up SET[M] form for my wife separately?

Kindly suggest.

Kind Regards,
Bhaskar Roy

geriatrix
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Post by geriatrix » Mon Jun 18, 2012 4:02 pm

Read the SET(O) form.
Life isn't fair, but you can be!

bhaskaroy
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Post by bhaskaroy » Mon Jul 23, 2012 7:39 pm

Hi sushdmehta & Greenie,

Thanks for your kind response.

Long back I had written a letter to UKBA to know whether my wife can apply for Indefinite Leave or not. Finally today I got response from them and which is not helpful. I am completely lost and need your guidance to undertand the criticality of the situation. Please find the response from UKBA -
Please be advised where a PBS migrant and his / her partner have not been living together in the UK for atleast 2 years with leave in this capacity, and if the main PBS migrant applies for ILR before the partner has completed 2 years as a PBS dependent, the partner will be required to switch into the category of spouse / partner of a person present and settled in the UK.

Please note that when applicants switch into the category of a partner of a person present and settled in the UK that they will be required to meet the English Language Requirement.

The partner can include, as part of their two year pobationary period, any time where they have been living in the UK as the partner of a PBS migrant (but only where the last period of limited leave for the partner before submitting the FLR(M) was as the dependent of a PBS migrant).
Based on our previous discussion I have booked the appointment for both of us, on 6th August 2012. We both have passed the Life in UK Test last week. Could you please suggest whethe she can apply for Indefinitely Leave at the same time with me?

Yous response on this matter is much appreciated.

Kind Regards,
Bhaskar Roy

bhaskaroy
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Post by bhaskaroy » Tue Jul 24, 2012 1:08 pm

Hi All,

I would be thankful to you if anyone kindly respond to my previous query?

Thanks in advance.

Kind Regards,
Bhaskar Roy

adi_khaneng
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Post by adi_khaneng » Tue Jul 24, 2012 2:05 pm


deep31
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Post by deep31 » Sat Jul 28, 2012 5:09 pm

So, what HO stated?

because i in same line.

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