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Spouse Eligibilty for ILR

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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BDS ll
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Spouse Eligibilty for ILR

Post by BDS ll » Thu Aug 12, 2021 4:11 pm

Dear Experts

I am my spouse are Skilled workers (healthcare). We entered the UK about 5 years ago on my Visa with my spouse and two kids as dependant. Two years ago she started a training Job and had to get a new visa as a main applicant; the kids however remained on my visa as dependent. She has now spent a total of 5 years (3years as dependent and 2 years as main applicant) in the UK.

I am due to apply for ILR as the main applicant.

1. Can i add her as a spouse/dependant on my ILR application.

2. Can i apply for myself and the Kids ONLY.

Many thanks for you anticipated answers

B'ds :) :D ll

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CR001
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Re: Spouse Eligibilty for ILR

Post by CR001 » Thu Aug 12, 2021 4:31 pm

1. Can i add her as a spouse/dependant on my ILR application.
No you cannot. She needs 5 years in her current visa before she can apply for ILR. You cannot combine dependent time with main visa holder time to make up 5 years for ILR.
2. Can i apply for myself and the Kids ONLY.
No, your children will only qualify for ILR when she qualifies for ILR. You will have to extend their dependent visas if they don't have enough time to reach the time when your spouse qualifies for ILR.
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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