ILR 5 year Economic Route - Eligibility for Dependant

[rizron84]

Hi

I am new here and would be very grateful for input for experience members.

I would like to apply for ILR via 5 year route.

I would also like to apply for ILR for my wife, as my dependant.

My background :

Student Visa – (September 2003 – January 2009)
Work Permit (Old System) (January 2009 – November 2013)
Tier 2 – (November 2013 – Present).

Wife background :

Dependent of Work Permit Holder (May 2011 – November 2013)
Dependent of Tier 2 Holder (November 2013 – Present)

Please could any members help me with some issues that I am struggling to find answers for online?

1. My wife would only be eligible to apply for ILR as dependant if she stays in the UK for 5 years. Would the years she stayed in the UK as a dependent of Work Permit Holder be inclusive?

2. I don’t earn £35k per annum, we are thinking of applying in May 2016. Will this be an issue?

I look forward to hear advices and thoughts.

I thank you in advance.

[Wanderer]

Why didnt you apply in 2013 under ten year route?

[rizron84]

Hi Wanderer,

Thank you for your response.

It was due to financial issues.

I changed employer and they offered to pay for my Tier 2 and Dependant, but not Settlement.

Any idea if the years accumulated before my wife Tier 2 Dependent visa is accountable as part of the 5 years requirement?

Thank you.

[Sheffield_Marketeer]

Her time as work permit holder should count towards the ILR. See https://www.gov.uk/government/uploads/s ... _clean.pdf Pg 2.

If you are not earning £35,000, how do you plan to apply for ILR yourself? Are you working in an exempted job?

[tckraju]

Surely you will be able now for ILR based on 10 year and no minimum salary requirement.

[rizron84]

Her time as work permit holder should count towards the ILR. See https://www.gov.uk/government/uploads/s ... _clean.pdf Pg 2.

If you are not earning £35,000, how do you plan to apply for ILR yourself? Are you working in an exempted job?

Many thanks for your response - I appreciate it greatly.

I have had a chat with my employer and they are happy to increase my wage to £35,000 promptly. Is this secure or should I request for £35,100 ? or am I being paranoid?

Surely you will be able now for ILR based on 10 year and no minimum salary requirement.

I am able to apply for ILR based on 10 year route, but I understand my wife and 3 kids will not be able to apply for ILR on this route? Please could you enlighten me if I misunderstood this?

Many thanks for your suggestion too.

[rizron84]

Her time as work permit holder should count towards the ILR. See https://www.gov.uk/government/uploads/s ... _clean.pdf Pg 2.

If you are not earning £35,000, how do you plan to apply for ILR yourself? Are you working in an exempted job?

Hi. Sorry I went through the file you linked and your previous comment again only to realize that her time is accountable if she is a work permit holder.

Unfortunately, she didnt hold a work permit, she was a dependant of a work permit holder (me) , is this still valid?

Thanks again.

[CR001]

Many thanks for your response - I appreciate it greatly.

I have had a chat with my employer and they are happy to increase my wage to £35,000 promptly. Is this secure or should I request for £35,100 ? or am I being paranoid? You are being paranoid. £35k will suffice.

I am able to apply for ILR based on 10 year route, but I understand my wife and 3 kids will not be able to apply for ILR on this route? Please could you enlighten me if I misunderstood this? Correct, your dependents will not be able to apply for ILR if you apply based on long residence. They will have to switch to FLR(M) and a new 5 year route to ILR.

Many thanks for your suggestion too.

[rizron84]

Many thanks for your response - I appreciate it greatly.

I have had a chat with my employer and they are happy to increase my wage to £35,000 promptly. Is this secure or should I request for £35,100 ? or am I being paranoid? You are being paranoid. £35k will suffice.

I am able to apply for ILR based on 10 year route, but I understand my wife and 3 kids will not be able to apply for ILR on this route? Please could you enlighten me if I misunderstood this? Correct, your dependents will not be able to apply for ILR if you apply based on long residence. They will have to switch to FLR(M) and a new 5 year route to ILR.

Many thanks for your suggestion too.

Thank you for your response CR001 , I really appreciate it.

In regards to my wife’s situation – is her time spent as a dependant to work permit holder, prior to changing it to Tier 2 Dependant be considered valid as part of the 5 years ?

Many thanks.

[CR001]

It should be yes if she has been your dependent throughout.

[Casa]

No. The clock was reset to zero when you were granted ILR under long residence. Your wife will now be on a new route to settlement of 2.5 years + 2.5 years.

[CR001]

Casa, I don't think the OP has applied for ILR via either route as yet (if I understand his posts correctly )

[Casa]

Casa, I don't think the OP has applied for ILR via either route as yet (if I understand his posts correctly )

Ah! I'll blame it on my new varifocals

[CR001]

Casa, I don't think the OP has applied for ILR via either route as yet (if I understand his posts correctly )

Ah! I'll blame it on my new varifocals

Good luck with those (am resisting those myself)

[rizron84]

Gents (or Ladies?)

Many thanks for the clarifications and confirmation.

You guys (or gals?) are a credit.

God bless you all.

[CR001]

Gents (or Ladies?)

Many thanks for the clarifications and confirmation.

You guys (or gals?) are a credit.

God bless you all.

Both of us are 'gals'