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10 Year ILR rule

Posted: Sun Apr 13, 2014 1:05 am
by mohsin_anas
Dear Forum Members

Could someone please help me. My wife has been in UK since 8.5 years. She came to UK initially on a student visa, then got PSW for 2 years, then again student visa. I have recently became her dependent 1.5 years before

My employer wants to apply for the work permit. My only concern is that if my wife becomes my dependent, would her previous stay be counted for her ILR application when she makes once her 10 years will be completed hopefully in another 1.5 years. I understand she has to apply for ILR individually.

Some lawyers have suggested me that once my wife becomes my dependent, her previous stay will be disregarded as per new rules which have been introduced on 06th April 2014. Some saying as long as the applicant has been in UK legally, he or she can apply for ILR

Can someone please advice me with a genuine answer should i go for work permit or no

Thanks

Re: 10 Year ILR rule

Posted: Sun Apr 13, 2014 1:57 am
by vinny
As far as I can see, there have been no changes to the Long residence rules.

Re: 10 Year ILR rule

Posted: Mon Apr 14, 2014 11:39 am
by iworker
you will need to leave the country and apply from your home country for tier 2.
you wife can change the visa inside uk, and will be eligible for 10 yrs ILR.

Re: 10 Year ILR rule

Posted: Mon Apr 14, 2014 3:04 pm
by mohsin_anas
Thanks for your kind reply

So it means i need to go back to apply for Tier 2 visa, and when i come back, my wife can apply to become my dependent

Can she stay here in UK and i can go back to change my status and she can apply later on once i am back to become my dependent

So irrespective of her status, she will be eligible to apply for her ILR on the basis of her 10 year leave

Re: 10 Year ILR rule

Posted: Mon Apr 14, 2014 4:33 pm
by iworker
yes
yes