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dear friends,

Could you please help on below my ILR query and spouse visa/ILR query.

I have entered UK on in May 2005 on company work permit,and later moved on to Tier 1. and at present my Tier1 is valid until september 2011.

However I am eligible for my ILR by 10 Apr 2010(considering we can apply 28 days before).

Now I am getting married in last week of May 2010 in India. Now my queries are...

1) Is it better, if I apply for my ILR(i'll go by apply in person) and bring my wife on spouse visa.

2)or get her on tier 1 dependent and later after couple of months(say july-aug) apply for my ILR. If I go through this way, will my spouse also gets ILR or as I would be married just 2 months ago, she will be given only spouse visa?

3)If my partner is on spouse visa, I think I can go for their ILR only after 2 years, what is the eligibility they look for partner to allot ILR after 2 years

4) Also please let me know waiting time for spouse visa and dependant visa for tier 1 from India.


experienced souls out here, if you could help me on these Iwill be ver much thank ful.

Many thanks in advance

regards

Hello Friend,

I'm stuck in a similar situation but most of my queries have been answered by a very helpful forum 'guru' recently and you can follow this thread on the below link.

http://www.immigrationboards.com/viewto ... 066#323066

I hope it helps. I still have other doubts, but i'll just wait until someone senior helps you with your query first. Cheers dude

You are getting married in May 2010 and you say that you are eligible to apply for ILR on or after 10-Apr-10. Assuming that you will travel to your home country to get married latest by 15-May-10 ... gives you 35 calendar days to get ILR stamped on your passport and ensure that the passport is returned to you by that date to enable you to travel.

1. If you are assured that you can get the ILR stamped on your passport (by applying either in person or by post) and, more importantly, that your passport will be in your possession before your travel date to enable you to travel to your wedding, then you may wish to take this route, get married and your partner can then make an EC application as "spouse of a settled person".

2. If your partner enters UK as a dependent of a Tier 1 holder, she will not be granted ILR when you get yours. She will have to make an in-country application to remain in UK as a spouse of a settled person.

How your dependants can apply for settlement wrote:Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

Read Husbands, wives and civil partners carefully.

3. Whether one applies for spouse visa from within UK or from overseas, one is given permission to enter (overseas application) or remain (in-country application) for 27 months. At the end of 24 months of continuous stay in UK, the applicant (spouse) may then apply for permission to settle permanently (ILR). Read Guide SET(M) for eligibility requirements and documentary evidence(s) needed.

What is better or more suitable is a matter of personal opinion, choice and dependent of personal circumstances.

regards

sushdmehta wrote:You are getting married in May 2010 and you say that you are eligible to apply for ILR on or after 10-Apr-10. Assuming that you will travel to your home country to get married latest by 15-May-10 ... gives you 35 calendar days to get ILR stamped on your passport and ensure that the passport is returned to you by that date to enable you to travel.

1. If you are assured that you can get the ILR stamped on your passport (by applying either in person or by post) and, more importantly, that your passport will be in your possession before your travel date to enable you to travel to your wedding, then you may wish to take this route, get married and your partner can then make an EC application as "spouse of a settled person".

2. If your partner enters UK as a dependent of a Tier 1 holder, she will not be granted ILR when you get yours. She will have to make an in-country application to remain in UK as a spouse of a settled person.

How your dependants can apply for settlement wrote:Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

Read Husbands, wives and civil partners carefully.

3. Whether one applies for spouse visa from within UK or from overseas, one is given permission to enter (overseas application) or remain (in-country application) for 27 months. At the end of 24 months of continuous stay in UK, the applicant (spouse) may then apply for permission to settle permanently (ILR). Read Guide SET(M) for eligibility requirements and documentary evidence(s) needed.

What is better or more suitable is a matter of personal opinion, choice and dependent of personal circumstances.

regards

Many thanks for ur help as always and much appreciated.

1) Yep I am travelling for my marriage on 20-may and i want to book for ILR appointment sometime mid of april in person, as i don't want to take risk by sending thru post. As my application is straight forward hoping i shud be granted in a day...fingers crossed

2) Now if i want to apply for "spouse of a settled person" from india which application I have to use and what are the time lines for visa grant.

3)suppose, if i go to my wedding with out ILR and bring my spouse on tier 1 dependent. and later say aft 2 months I apply for ILR, do i need to submit seperate application for my spouse visa or i along with my ILR application they will allot her 'spouse of a settled person'

sushdmehta, I totally agree that its personal opinion but please could you guide me which u would suggest as best route so that I can save a bit of time/money.. I know its down to me, but please can you suggest based on my case

ILR_Applicant wrote:Now if i want to apply for "spouse of a settled person" from india which application I have to use ....

Probably VAF4A but best to check with VFS India.

ILR_Applicant wrote:3)suppose, if i go to my wedding with out ILR and bring my spouse on tier 1 dependent. and later say aft 2 months I apply for ILR, do i need to submit seperate application for my spouse visa or i along with my ILR application they will allot her 'spouse of a settled person'

AFAIK a separate application will have to be submitted .. along with the prescribed fees. Read Applying as a husband, wife or civil partner from inside the UK

If you can get the ILR stamped and get your passport back before you travel to India on 20-May, then in my personal opinion, your partner should make an application for spouse visa. After 2 years of stay in UK, she can then apply for ILR.

regards

Hi

Could you please confirm that once you have received the ILR (atfer a spouses visa), is that for definite as long as you do not leave the UK for longer than 2 years continously??

Does that mean that you are allowed to stay in the Uk and for no other reason can it be taken away.

I look forward to receiving your response.

Regards