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ILR eligibility for spouse

Posted: Mon May 02, 2011 9:24 am
by BALAJI_UK
Hi Friends,

I've an unique situation for my spouse's ILR eligibility. She is completing 2 years on 27th September 2011 whereas her Tier 1 general dependent is getting over by 5th September. Does she needs to apply ILR dependent (FLR(M)) and then on completing 2 years, she can go for ILR.

On the other hand, she can apply for ILR before September 5th using the 28 days policy which avoids us to apply twice.

Kindly advice with your expertise and experience...

Cheers
Balaji....

Posted: Mon May 02, 2011 4:49 pm
by geriatrix
When do you qualify for settlement?

Posted: Mon May 02, 2011 6:46 pm
by BALAJI_UK
I'm completing five years on 30th July 2011.

Cheers
Balaji...

Posted: Wed May 04, 2011 9:30 pm
by BALAJI_UK
sushdmehta,

Any luck for my query??

Based on my references in the Home office website, it looks like 28 days period is applicable for dependants too. Appreciate your response which enables me to proceed accordingly...

Cheers..

Posted: Wed May 04, 2011 9:40 pm
by gidoc
Both of you should be able to apply together, 28 days prior to her completing 2 yr stay, at which time she will have a valid visa.

Posted: Wed May 04, 2011 10:31 pm
by BALAJI_UK
Many thanks for the positive update!!! I can now proceed in the right direction towards applying for ILR...

Posted: Sun May 08, 2011 10:49 pm
by BALAJI_UK
Hi Friends,

Inline with my previous query on dependant visa for my spouse I have another question based on the various topics that's been discussed in this forum, Please let me know your views on this..

As I'm getting eligible for applying ILR by July 2011, can I apply first through PEO and let my wife stay as Tier 1 dependant till 31st August (she is eligible for ILR) since our visa is getting expired on 5th September.. Is the rule permits to apply in this way as I couldn't find where exactly to refer in the UK Home office website.

I'm in a kind of dilemma to apply ILR together just before the visa expires or let me apply first and then my spouse can apply once I got it..

Kindly advise...

Cheers!!

Posted: Wed May 11, 2011 10:51 pm
by BALAJI_UK
Friends,

Any one has experienced similar situation to that of mine?? Moderators, can you suggest based on your experiences and expertise on this??

Cheers!!!

Posted: Thu May 12, 2011 11:46 am
by geriatrix
Options:
1. Defer your settlement application until September, and make a joint application around and before 05-Sep-11.
2. If you do not wish to defer your own application then after you are granted settled status, your wife may switch to FLR(M) before her leave expires and then apply for settlement.
3. If you do not wish to defer your own application then after you are granted settled status, your wife may apply to switch to FLR(M) before her leave expires. However, if they haven't decided by the time she becomes eligible for ILR, then she may vary her application to ILR (SET(M)).
4. Contact UKBA to enquire about Technical changes announced earlier.

Posted: Thu May 12, 2011 12:13 pm
by BALAJI_UK
Thanks a lot Sushdmehta. This really helps in focussing my options better. As you mentioned, I'll contact UKBA to contact about the technical changes announced recently.

Many thanks!!!!

Cheers!!!

Posted: Thu May 19, 2011 10:30 pm
by BALAJI_UK
Hello moderators,

Based on the discussions that I had in this forum on applying ILR together with the unique situation I'm in, I've spoken to Immigration enquiry bureau officers today explaining my situation clearly to confirm they are also having the same opinion as mentioned in this forum for option 1.

1. Defer your settlement application until September, and make a joint application around and before 05-Sep-11.

To my surprise the person whom I spoke to, clearly says, my wife cannot apply together using 28 days prior eligibility rule as she didn't complete 2 years before the visa expires. She has to apply FLR(M) and I need to apply ILR seperately.

I'm not sure how to proceed with this situation and hence would like to know the opinion from you all... Expecting your valuable advice to take a right step.....

Cheers!!!

Posted: Wed May 25, 2011 9:12 pm
by BALAJI_UK
Hi all,

Can you please let me know your views to my queries....

Cheers!!

Posted: Wed Jun 01, 2011 10:45 pm
by geriatrix
sushdmehta wrote:4. Contact UKBA to enquire about Technical changes announced earlier.
No longer an option.

Posted: Fri Jun 10, 2011 3:08 pm
by BALAJI_UK
Sushdmehta,
I couldn't interpret your query clearly. Can you please explain me in bit detail.

Cheers!!

Posted: Fri Jun 10, 2011 3:15 pm
by geriatrix
sushdmehta wrote:No longer an option.
Click on the link given.

Posted: Sun Jul 31, 2011 5:31 pm
by BALAJI_UK
Based on the dilemma, I've decided to take my ILR first and then apply for FLR(M) and then SET(M)... As a first step, I got my ILR visa and now in the process of applying FLR(M) for my wife, next.