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Does my wife qualify for ILR?

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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sacbmth
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Posts: 40
Joined: Thu Feb 07, 2019 10:04 pm
Brazil

Does my wife qualify for ILR?

Post by sacbmth » Thu Mar 07, 2019 9:54 am

I've been on T2 General since March 2014. My girlfriend at the time, now wife, came to the UK in August 2015 on a Tier 5 YMS and we lived together since until we got married in June 2017 and applied for T2 dependent once her T5 YMS expired. Now I'm eligible to apply for ILR but I'm not sure if my wife is eligible to apply with me? If she doesn't qualify then what will her immigration status be? Her current T2 dependent visa is valid till 2020 March but if I get my ILR approved will her T2 dependent visa become invalid?

Many thanks.

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CR001
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Re: Does my wife qualify for ILR?

Post by CR001 » Thu Mar 07, 2019 9:58 am

Now I'm eligible to apply for ILR but I'm not sure if my wife qualifies to apply with me?
No, she does not qualify for ILR with you. She needs 5 years residence on PBS Dependent visa before she will qualify.
If she doesn't qualify then what will her immigration status be?
Her existing visa remains valid.
Her current T2 dependent visa is valid till 2020 March but if I get my ILR approved will her T2 dependent visa become invalid?
No. The immigration rules permit PBS Dependents to continue on their visas if the main PBS migrant gets ILR based on the PBS route. She can apply for a PBS Dependent extension shortly before her current visa expires.

immigration-for-family-members/dependan ... 14832.html
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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sacbmth
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Posts: 40
Joined: Thu Feb 07, 2019 10:04 pm
Brazil

Re: Does my wife qualify for ILR?

Post by sacbmth » Thu Mar 07, 2019 10:08 am

Many thanks for such a swift reply, CR001!

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