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Indefinite Leave to Remain

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

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ram.uk77
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Posts: 1
Joined: Sat Jul 14, 2012 3:49 pm

Indefinite Leave to Remain

Post by ram.uk77 » Sat Jul 14, 2012 4:13 pm

Dear Experts,

Would be much grateful if you could advice on eligibility for applying for indefinite leave to remain for my wife and son who is still in India based on the details below :

1. Spouse came to UK as work permit Dependant in November 2006 but went back to India in October 2007.
2. She again came back to UK in April 2010 on Tier 2 dependant as the work permit changed to Tier 2.
3. I qualified for ILR in August 2011 and with some consultation, applied POE Croydon for both of us but she was refused the ILR however I got immediately.
4. She then had to change her visa to spouse visa on FLR(M) as my dependant.
5. Current Visa is valid till : October 2012

6. My Son also was here for 1 year from November 2006to October 2007 however he is studying in India.
7. He has visited me few times on visitors visa.

I'm bit confused / worried as I can apply for my Neutralization now but have few questions in mind which I have discussed with many solicitors and Immigration specialists but no one can answer me with 100% confidence.

1. Can my spouse now apply for her ILR as she has been in UK for more than 2 years? But I am confused as she changed her visa from Tier 2 dependant to FLR(M) which states she can only apply for ILR at end of 2 years. Cant she use/show the 18 months period on Tier 2 dependant?
2. If I take the british passport, does she needs to again change her visa or she can still be on FLR(M)?
3. I understand that as soon as she gets her ILR, my son who is only 7 years can also apply for ILR. Am I correct?
4. If I leave UK after taking Neutralization as I am being offered a job in India, will it affect her ILR period?

Many thanks in advance for all suggestions.

Regards.

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