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Can i apply ILR now or Wait for 5 to 6 months?

Posted: Wed Aug 08, 2012 4:45 pm
by Indian_bwoy
Hi, I came to UK in Sep 2007 as Tier 2 Intra Company Transfer. I got HSMP in April 2010 valid for 2 years. In Jan 2011 I got Married with my wife in the UK in Nov 2010 :shock: and she moved to UK in Dec 2010 :lol: .

I complete 5 Years in Sep 2012, hence in Aug 2012 I become eligible for ILR. she completes 2 Years in Dec 2012. I extended my Tier 1 for 3 years hence now it is valid until 2014.

If I alone apply and get ILR in Aug 2012, would her current dependant visa be invalid? Is it advisable for me to wait and apply with her in Dec ? I am worried if any rules changed in next 6 months
Thanks,
x

Please help!

Posted: Fri Aug 10, 2012 3:15 pm
by Indian_bwoy
No Response?

Posted: Fri Aug 10, 2012 3:23 pm
by wpilr_nov12
If you apply together when your wife becomes eligible (Dec 2012 according to you), then it would be one straightforward process. It is a just a matter of few months. Why not spend the next few months getting all the ppw ready, and reviewing the forum to keep yourself on top of things.

Thanks

Posted: Fri Aug 10, 2012 5:18 pm
by Indian_bwoy
I agree with you.

My question was more around the lines what will happy to her visa if i switched to ILR sooner.

Thanks alot for taking your time out to reply and help. Really appreciated.

Posted: Fri Aug 10, 2012 5:52 pm
by tier1Reading
Read FAQ:

Q12 and Q13 has your answers:
http://www.immigrationboards.com/viewtopic.php?t=79378

Please confirm ASAP

Posted: Tue Sep 11, 2012 4:15 pm
by Indian_bwoy
hi, This means I can apply for ILR now and dependant can apply in the future ?

One more question around Q12
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". Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period as a dependant of the principal migrant".

My wife has spent a few months in the UK and live with me which amounts to 2 Month. can we bring ILR forward ?

please advise

Posted: Wed Sep 12, 2012 12:06 pm
by Indian_bwoy
Any response would be highly appreciated. Thanks in advance :x

Re: Thanks

Posted: Wed Sep 12, 2012 4:16 pm
by hpat
Indian_bwoy wrote:

My question was more around the lines what will happy to her visa if i switched to ILR sooner.
I guess she is on dependent visa, in that case if you apply for ILR then her dependent visa will be invalid and would need to switch on ILR dependent.