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IRL - Eligibility to Apply

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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conno26
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IRL - Eligibility to Apply

Post by conno26 » Tue Jun 14, 2011 6:26 am

My wife entered UK in Aug last year and was granted a Spouse Visa. I am a British Citizen and we had married in Dec 04 and lived together in China and Qatar. On your advise she applied for a visa with a "KOL REQ" endorsement and was granted a Residence Permit with a Definite right to Remain until 15 Oct 12. She has recently passed the Life in the UK Test. Can she now apply for IRL even although she will not has stayed in the UK for 2 years? If so what form shouls she use?

On another issue my daughter (under 18) who entered UK same time as my wife was granted an IRL visa. When can she apply for citizenship or is this tied to my wife's visa requirements?

geriatrix
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Post by geriatrix » Tue Jun 14, 2011 12:54 pm

Resident permits cannot be issued by overseas diplomatic posts, and there is no "definite right to remain" endorsement.

So, what is the endorsement on the your wife's and daughter's visa vignette?
Life isn't fair, but you can be!

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Casa
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Post by Casa » Tue Jun 14, 2011 1:54 pm

It would appear that your wife was granted ILE with KOL Required. In which case she can now apply for ILR on form SET(M).

Greenie
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Post by Greenie » Wed Jun 15, 2011 1:46 pm

Casa wrote:It would appear that your wife was granted ILE with KOL Required. In which case she can now apply for ILR on form SET(M).
i agree except she will not have been granted 'ILE with KOL Required' as ILE is not granted unless the KOL requirement is met. She will have been given the endorsement: "Settlement Spouse/ CP (KOL REQ): 2 years: Code 1â€

vinny
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Post by vinny » Sun Jul 17, 2011 11:27 am

conno26 wrote:My daughter was granted the above visa with indefinite leave to enter the UK in August last year. She will be 18 in November this year. Can she apply for citizenship before she is 18?
Can anyone advise?
Thank you
More information would be helpful.
Assuming that she was born outside the UK:
If you are her father and you were British otherwise than by descent at the time of her birth, then she is already British.
Else, if you are her father and you are British by descent, then she may be eligible to register under section 3(2).
Else, they expect her to spend at least two years in the UK before registration at the same time as her mother. Unfortuantely, she will be over 18 by then. Therefore registration is not an option. She may naturalise when eligible.
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.

conno26
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Post by conno26 » Mon Jul 18, 2011 12:26 pm

Thank you Vinny,
More Information. I am British. My daughter is in fact my step-daughter and has been since my marriage in 2004. My wife entered the UK also in August last year and she is now applying for ILR having just passed the KOL test (she did not have to wait two years as we had been married and lived together outside the UK for over 4 years).
Does any of this information change your intial response?

vinny
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Post by vinny » Mon Jul 18, 2011 12:31 pm

Unfortunately, the last Else condition is probably applicable.
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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