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Indefinite Leave to Remain Application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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sijomj007
Newly Registered
Posts: 3
Joined: Tue Mar 28, 2017 11:16 pm

Indefinite Leave to Remain Application

Post by sijomj007 » Tue Mar 28, 2017 11:27 pm

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

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Indefinite Leave to Remain Application

Post by vinny » Tue Mar 28, 2017 11:45 pm

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.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sijomj007
Newly Registered
Posts: 3
Joined: Tue Mar 28, 2017 11:16 pm

Re: Indefinite Leave to Remain Application

Post by sijomj007 » Sun Apr 09, 2017 7:59 am

Thank you for the reply
So when will my wife be able to apply citizenship?
Is it after completing 1 year under ILR?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Indefinite Leave to Remain Application

Post by vinny » Sun Apr 09, 2017 8:17 am

Yes. However, if you become British first, then she may apply immediately after grant of her ILR.

Subject to meeting all the other requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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