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Please help me - My partner is eligible for ILR or Not?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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prk0810
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Posts: 2
Joined: Fri Nov 13, 2020 2:09 pm
India

PBS DEPENDANT - Eligible Query

Post by prk0810 » Fri Nov 13, 2020 2:14 pm

Hi All,
I need your valuable advice. Actually I came to the UK in 2010. Last month 31st October MY ILR was approved. 
My question is, when will my wife be eligible for ILR.
During the Tier- 2 visa, I got married in India. I applied for a Tier -2 Dependant visa for my wife. 
My wife came/entered to the UK on 19th February 2016. 
Then I switched to Tier - 4 visa in 2017.
My baby was born on 3rd June 2018. 
This visa was valid until 11-09-2018. During the month of August, my wife and my baby went to India on 25th August 2018 (Due to wife mom passed away).
I applied for a visa myself alone on 5th September 2018 Tier 4 in the UK.
My wife and my kid applied for a visa in India and were granted  on 16/01/2019. They reached the UK on 12th February 2019.  
Could you please let me know, whether she is eligible for ILR or not. Her visa is valid until 21/04/2021 (Under Tier 4 Dependant). 
She is away in the UK from 25th August 2019 to 11th February 2019. 171 days.
Thanks in advance.

secret.simon
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Posts: 11533
Joined: Thu Feb 21, 2013 9:29 pm

Re: PBS DEPENDANT - Eligible Query

Post by secret.simon » Fri Nov 13, 2020 3:36 pm

Presumably you got your ILR under Long Residence.

If so, your wife and child will need to switch to FLR(M), spend a further five years on FLR(M)-their years as PBS Dependent won't count-and they will be eligible for ILR in 2025-26 (depending on when they get their first FLR(M)).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

prk0810
Newly Registered
Posts: 2
Joined: Fri Nov 13, 2020 2:09 pm
India

Please help me - My partner is eligible for ILR or Not?

Post by prk0810 » Mon Nov 23, 2020 8:57 pm

Hi All,
I need your valuable advice. Actually I came to the UK in 2010. Last month 31st October MY ILR was approved.
My question is, when will my wife be eligible for ILR.
During the Tier- 2 visa, I got married in India. I applied for a Tier -2 Dependant visa for my wife.
My wife came to the UK on 19th February 2016.
Then I switched to Tier - 4 visa.
My baby was born on 3rd June 2018.
This visa was valid until 11-09-2018. During the month of August, my wife and my baby went to India on 25th August 2018 (Due to wife mom passed away).
I applied for a visa myself alone on 5th September 2018 Tier 4 in the UK.
My wife and my kid applied for a visa in India and were granted on 16/01/2019. They reached the UK on 12th February 2019.
Could you please let me know, whether she is eligible for ILR or not. Her visa is valid until 21/04/2021 (Under Tier 4 Dependant).
She is away in the UK from 25th August 2019 to 11th February 2019. 171 days.
Thanks in advance.

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seagul
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Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: Please help me - My partner is eligible for ILR or Not?

Post by seagul » Mon Nov 23, 2020 9:10 pm

She isnt eligible for ILR based on the above mentioned circumstances rather can switch into flrm. Read the following guidances:

https://www.gov.uk/uk-family-visa/partner-spouse

https://assets.publishing.service.gov.u ... gov-uk.pdf
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Please help me - My partner is eligible for ILR or Not?

Post by CR001 » Mon Nov 23, 2020 9:17 pm

Topics merged!!

You were already given advice by secret.simon in the 13th November!!!

Asking the exact same question in a new topic again 10 days later doesn't change the answer.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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