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Indefinite Leave to Remain Application

Posted: Tue Mar 28, 2017 11:27 pm
by sijomj007
Hi,
I am due to apply for my ILR soon.
My first tier 2 visa was issued on 28th July 2012 and I entered the UK on 8th August 2012.
I got married in the uk on May 2012 and my wife was on a Tier 2 visa (since Nov 2011) when we got married and I was on a Tier 4 Visa. Then I went back to India and came on a Tier 2 Visa.
We both remained on separate Tier 2 Visas till April 2014.
In April 2014, she switched to Tier 2 PBS dependant under me.
I have three questions:
1. What is the earliest date I can submit my ILR application.
2. Considering my wife was not on my dependant visa for 5 years, is she eligible to apply for ILR? If not, what will be her status? When will she be able to apply for ILR?
3. My wife is pregnant and is due on 5th October, what will be the immigration status of our baby?

Any replies will be very much appreciated.

Regards

Re: Indefinite Leave to Remain Application

Posted: Tue Mar 28, 2017 11:45 pm
by vinny
1. Probably 1st July 2017, subject to 245HF.

2. No. She may continue to extend as a PBS dependant until eligible under 319E (after 5 years as your dependant).

3. See also born in the UK.

Re: Indefinite Leave to Remain Application

Posted: Sun Apr 09, 2017 7:59 am
by sijomj007
Thank you for the reply
So when will my wife be able to apply citizenship?
Is it after completing 1 year under ILR?

Re: Indefinite Leave to Remain Application

Posted: Sun Apr 09, 2017 8:17 am
by vinny
Yes. However, if you become British first, then she may apply immediately after grant of her ILR.

Subject to meeting all the other requirements.