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ILR eligibility for spouse

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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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

ILR eligibility for spouse

Post by BALAJI_UK » Mon May 02, 2011 9:24 am

Hi Friends,

I've an unique situation for my spouse's ILR eligibility. She is completing 2 years on 27th September 2011 whereas her Tier 1 general dependent is getting over by 5th September. Does she needs to apply ILR dependent (FLR(M)) and then on completing 2 years, she can go for ILR.

On the other hand, she can apply for ILR before September 5th using the 28 days policy which avoids us to apply twice.

Kindly advice with your expertise and experience...

Cheers
Balaji....
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geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon May 02, 2011 4:49 pm

When do you qualify for settlement?
Life isn't fair, but you can be!
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Mon May 02, 2011 6:46 pm

I'm completing five years on 30th July 2011.

Cheers
Balaji...
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Wed May 04, 2011 9:30 pm

sushdmehta,

Any luck for my query??

Based on my references in the Home office website, it looks like 28 days period is applicable for dependants too. Appreciate your response which enables me to proceed accordingly...

Cheers..
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Wed May 04, 2011 9:40 pm

Both of you should be able to apply together, 28 days prior to her completing 2 yr stay, at which time she will have a valid visa.
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Wed May 04, 2011 10:31 pm

Many thanks for the positive update!!! I can now proceed in the right direction towards applying for ILR...
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Sun May 08, 2011 10:49 pm

Hi Friends,

Inline with my previous query on dependant visa for my spouse I have another question based on the various topics that's been discussed in this forum, Please let me know your views on this..

As I'm getting eligible for applying ILR by July 2011, can I apply first through PEO and let my wife stay as Tier 1 dependant till 31st August (she is eligible for ILR) since our visa is getting expired on 5th September.. Is the rule permits to apply in this way as I couldn't find where exactly to refer in the UK Home office website.

I'm in a kind of dilemma to apply ILR together just before the visa expires or let me apply first and then my spouse can apply once I got it..

Kindly advise...

Cheers!!
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Wed May 11, 2011 10:51 pm

Friends,

Any one has experienced similar situation to that of mine?? Moderators, can you suggest based on your experiences and expertise on this??

Cheers!!!
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Thu May 12, 2011 11:46 am

Options:
1. Defer your settlement application until September, and make a joint application around and before 05-Sep-11.
2. If you do not wish to defer your own application then after you are granted settled status, your wife may switch to FLR(M) before her leave expires and then apply for settlement.
3. If you do not wish to defer your own application then after you are granted settled status, your wife may apply to switch to FLR(M) before her leave expires. However, if they haven't decided by the time she becomes eligible for ILR, then she may vary her application to ILR (SET(M)).
4. Contact UKBA to enquire about Technical changes announced earlier.
Life isn't fair, but you can be!
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Thu May 12, 2011 12:13 pm

Thanks a lot Sushdmehta. This really helps in focussing my options better. As you mentioned, I'll contact UKBA to contact about the technical changes announced recently.

Many thanks!!!!

Cheers!!!
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Thu May 19, 2011 10:30 pm

Hello moderators,

Based on the discussions that I had in this forum on applying ILR together with the unique situation I'm in, I've spoken to Immigration enquiry bureau officers today explaining my situation clearly to confirm they are also having the same opinion as mentioned in this forum for option 1.

1. Defer your settlement application until September, and make a joint application around and before 05-Sep-11.

To my surprise the person whom I spoke to, clearly says, my wife cannot apply together using 28 days prior eligibility rule as she didn't complete 2 years before the visa expires. She has to apply FLR(M) and I need to apply ILR seperately.

I'm not sure how to proceed with this situation and hence would like to know the opinion from you all... Expecting your valuable advice to take a right step.....

Cheers!!!
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Wed May 25, 2011 9:12 pm

Hi all,

Can you please let me know your views to my queries....

Cheers!!
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Jun 01, 2011 10:45 pm

sushdmehta wrote:4. Contact UKBA to enquire about Technical changes announced earlier.
No longer an option.
Life isn't fair, but you can be!
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Fri Jun 10, 2011 3:08 pm

Sushdmehta,
I couldn't interpret your query clearly. Can you please explain me in bit detail.

Cheers!!
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Jun 10, 2011 3:15 pm

sushdmehta wrote:No longer an option.
Click on the link given.
Life isn't fair, but you can be!
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BALAJI_UK
Junior Member
Posts: 56
Joined: Sun Apr 17, 2011 9:45 pm
Location: United Kingdom

Post by BALAJI_UK » Sun Jul 31, 2011 5:31 pm

Based on the dilemma, I've decided to take my ILR first and then apply for FLR(M) and then SET(M)... As a first step, I got my ILR visa and now in the process of applying FLR(M) for my wife, next.
Applied: VFS Chennai - 22/08/12
Visa Refused - 14/11/2012
Refusal reason - Not provided P60 or copy of employment contract as evidence of your sponsor's gross income from their employment/income sources.
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