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Wife's ILR on the basis of 5 years

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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lad 14
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Posts: 85
Joined: Sun Jan 24, 2010 11:48 am
Wales

Wife's ILR on the basis of 5 years

Post by lad 14 » Thu Dec 12, 2019 5:37 am

Hello All,

I am in a tricky situation where i can't find the correct answer for my wife's visa status.
My Wife's immigration history as follows -
She entered in the country in Jan 2012 on Tier 1 Dependant visa, then extended the visa when I extended mine under Tier 1 Dependant.

Me and my wife applied for the ILR in 2017 on the basis of 5 years rule(I was on Tier 1 General), then because of slow process from HO i varied my application from 5 years rule to 10 years rule (SET LR).
As she couldn't apply with me because i changed the application to SET LR, we varied her application to (FLR M). After i received the ILR, she also got FLR(M) visa for 2.5 years.

Now her visa is going to run out in couple of months, and i have this option of renewing her visa for another 2.5 years (FLR M), but i need to know whether my wife is eligible to apply for ILR now on the basis that she's been in the country for more than 5 years and also as my dependant for over 3 years. I am a British Citizen now.

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CR001
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Re: Wife's ILR on the basis of 5 years

Post by CR001 » Thu Dec 12, 2019 6:11 am

No she is not eligible for ilr yet. She needs 5 years on FLR M visa before she can apply for ilr based on 5 years. She cannot combine time on tier 1 dependent and FLR M to make up 5 years.
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.

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