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ILR for Wife from Tier 1General 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

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a.agrawal
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ILR for Wife from Tier 1General Dependent

Post by a.agrawal » Tue Mar 11, 2014 10:53 am

Hi,

I am going for my ILR visa to PEO Croydon next week on 21 Mar 2014, I had been on Tier 1 General for last 5 year.

My wife joined me 1 Yr 10 month back in UK and she is will be eligible for ILR in next 2 months, the reason I am not waiting for her to finish 2 months and then apply together is because we are expecting our 1st baby to arrive any time soon now and I came to know that if I will have ILR at the time of baby's birth then the baby will get British citizenship directly. And I don't want to risk of getting Indian citizenship and then convert it to British citizenship,its might be a big hassle.

Question I have is which form will I be require to fill for my wife when she will apply for her ILR. FLM,SET(M) ???

Is there any if/but's if my wife apply separately for her ILR visa???

Thanks,
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CR001
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Re: ILR for Wife from Tier 1General Dependent

Post by CR001 » Tue Mar 11, 2014 11:17 am

Set(O) when she qualifies and meets the standard requirements for ILR
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a.agrawal
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Re: ILR for Wife from Tier 1General Dependent

Post by a.agrawal » Mon Mar 17, 2014 4:18 pm

Are you sure...

Check this post...

http://www.immigrationboards.com/indefi ... 46742.html


Also SET(M) says ...

"Application For Indefinite Leave To Remain In The UK as The Partner of a Person Present and Settled in The UK and a Biometric Immigration Document"
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CR001
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Re: ILR for Wife from Tier 1General Dependent

Post by CR001 » Mon Mar 17, 2014 5:34 pm

To apply for ILR on Set(M), she would need to be on FLR(M).

See Tier 1 section in link below for PBS dependents :

http://www.immigrationboards.com/immigr ... 14832.html
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Re: ILR for Wife from Tier 1General Dependent

Post by Amber » Mon Mar 17, 2014 5:52 pm

CR001 is correct, SET(O) under PBS dep. B1 English and LIUK required.
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a.agrawal
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Re: ILR for Wife from Tier 1General Dependent

Post by a.agrawal » Tue Mar 18, 2014 11:05 am

thanks CR001 and Amber for clarifying this....

Could you also help me in understanding this puzzle of Tier 1 Dependent => ILR

My wife got her visa in April 2012 as Tier 1 Dependent till 2013, we both went for extension and currently she is on tier 1 dependent visa till 2016. She will be completing her 2 years in April 2014 in UK.

Now I am going for ILR this weekend as I have completed 5 years...

Q1 : Once I get ILR so do I need to change my wife visa to something else, because she will have tier 1 dependent visa and her main applicant is now on ILR.???

Q2 : Will she be require to complete 2 years or 5 years in UK to be eligible for ILR, one of my friend told me that her wife will require to complete 5 years to be eligible for ILR.???

Q3 : Sort of related to Q1, but in SET (O) form shall I write my wife's details in Section 1 "Applicant Details" and leave Section 2 "Dependent Who are Applying" blank. Section 3 should I be ticking Section B "PBS Dependent" ???

Thanks,
Anurag
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CR001
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Re: ILR for Wife from Tier 1General Dependent

Post by CR001 » Tue Mar 18, 2014 1:00 pm

a.agrawal wrote:thanks CR001 and Amber for clarifying this....

Could you also help me in understanding this puzzle of Tier 1 Dependent => ILR

My wife got her visa in April 2012 as Tier 1 Dependent till 2013, we both went for extension and currently she is on tier 1 dependent visa till 2016. She will be completing her 2 years in April 2014 in UK.

Now I am going for ILR this weekend as I have completed 5 years...

Q1 : Once I get ILR so do I need to change my wife visa to something else, because she will have tier 1 dependent visa and her main applicant is now on ILR.??? No, she can stay on PBS dependent visa

Q2 : Will she be require to complete 2 years or 5 years in UK to be eligible for ILR, one of my friend told me that her wife will require to complete 5 years to be eligible for ILR.??? 2 years as she falls under the transitional rules of pre July 2012

Q3 : Sort of related to Q1, but in SET (O) form shall I write my wife's details in Section 1 "Applicant Details" and leave Section 2 "Dependent Who are Applying" blank. Section 3 should I be ticking Section B "PBS Dependent" ??? Correct

Thanks,
Anurag
Would it not make sense to apply for your and your spouse ILR at the same time and use 1 form?? She can apply 28 days before she reaches the 2 year residence requirement.
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a.agrawal
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Re: ILR for Wife from Tier 1General Dependent

Post by a.agrawal » Wed Mar 19, 2014 11:39 am

Thanks Char....

My wife is missing her degree certificate and it will take around 2 months to get it from university in India... and like I mention we are expecting our baby which might come any time now, so I just want to have ILR to cover it...

Thanks,
Anurag
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