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Hi all,
My partner and I are on Tier one that will expire in 2012. I have completed 10 years, and was thinking of applying for ILR based on 10 years of legal residency. My partner (dependant on me) completes 10 year in Feb 2010. So, does it mean if I get ILR now, she has to switch to FLR(M) or she could stay on Tier 1 to complete 10 years and apply for ILR - without being unlawful (for ILR based on 10 years of lawful residency).
Thanks
S

This seems to be inconsistent with your previous post.

If partner is on Tier 1 (General) then partner has a choice of remaining on Tier 1 (General) or switching.

Sorry Vinny, the partner is dependant on me and I have Tier 1 visa.
Thanks
S

If partner has a dependant leave to enter/remain, then partner should switch to FLR(M).

Hi Vinny,
So if I get ILR in Dec 2009, my partner need to switch to FLR(M) immediately? She will complete her 10 years in 2 months time in Feb 2010 and be eligible for ILR based on 10 years. If we apply for FLR(M) during that period her FLR(M) application won't be even processed by Feb 2010?
Thanks
S

She may apply for SET(O) no sooner than 28 days before she qualifies under long residence and before her leave expires. When will her leave expire?

vinny wrote:She may apply for SET(O) no sooner than 28 days before she qualifies under long residence and before her leave expires.

Vinny,
So she can stay on Tier 1 and apply for ILR based on 10 years in feb 2010?

'before her leave expires'- what leave she should be - FLR(M) or Tier 1 in February before applying for ILR?
Thanks

Apologies Vinny,
I meant dependent on my Tier 1 visa that I had before switching to ILR.

Vinny,
So she can stay as dependent (on on my Tier 1 visa that I had before switching to ILR) and apply for ILR based on 10 years in feb 2010?

'before her leave expires'- what leave she should be - FLR(M) or Tier 1 in February before applying for ILR?
Thanks

What leave does she currently have?
When will it expire?
When will she qualify under long residence?

I have completed 10 years, and was thinking of applying for ILR based on 10 years of legal residency. My partner (dependant on me) completes 10 year in Feb 2010.

You no doubt appreciate that a 10-year application can be made any time after 28 days before the completion of the 10-year period. So isn't the solution to your little problem quite simple? You hold back on making your 10-year ILR application, until your partner also qualifies under the 10-year heading.

We would be talking about just 2 or 3 months delay for you.

Simply, submit the 10-year applications together! Have you both passed the Life in the UK Citizenship test?

John,
I do agree with you but have a look at this post- particularly point 3. If my application gets stuck, it will take 3 months anyway. That is why I am asking this question:


Hi all,
I applied for ILR based on 10 years through a solicitor for the same day service. The home office did not see one of my visa and the legal rep of the solicitor was told that I didn't have valid visa for a small period.The solicitor phoned me and I drew his attention to the appropriate visa on my passport and the page number. The solicitor faxed the letter to home office and the home office did acknowledge my application was valid but they need to do more enquiries (possibly standard reply). I have withdrawn my application as I need to be on a business trip. Now my questions are:

1. Should I apply through premium service again? I am sure Home office must have written in their record that what enquiries they need to make and that I withdrew the application. I really feel solicitor was useless except for getting me an appointment and the case worker was negligent in his job if he can not see obvious visa on the passport.

2. Should I cite this in my subsequent application?

3. If I apply through post, when do they grant the ILR- the day the process the application or the day I applied? I gathered it takes them 3-4 months for them to process the application if applied through post.

4. Once the application is not successful on the same day, how long does it take to be processed?

Thanks guys.
Much obliged