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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ekta
- Junior Member
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by ekta » Mon Sep 03, 2012 1:21 pm
Hi All
My husband is elligible for ILR in Mid Dec 2012. We have been living togethor for the last more than 4 years and I am currently on Tier 1 Dependent. We had a child in July and now I am planning to go to india for 8-10 weeks.
a) As the rule says you need to live togethor for 2 years so going to india for 2 months will break this?
b) Will I be elligible for ILR if we apply togethor after my india visit say in Jan 13? We have got bills, nhs docs etc for the last 2 years which is a proof for living togethor for 2 years but going to india for 2 months, not sure if it has any impact on ILR?
Please advise.
Many Thanks
Ekta
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wpilr_nov12
- Diamond Member
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by wpilr_nov12 » Mon Sep 03, 2012 3:01 pm
Here's a reply I picked up from another similar situation:
tier1Reading wrote:FAQ:
http://www.immigrationboards.com/viewtopic.php?t=79378
Q 12:
Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant.
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK and can apply for settlement separately (196D).
For all other economic migrants (Tier 1 (General), Tier 2), (spouse/partner) dependants must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" period need not be as a "dependant" or "continuous".
Q 13:
PBS dependants whose leave expires after 08-Jul-12: If your current (PBS dependant) leave will expire after you have completed the qualifying period then, according to the changes announced, it is expected that there will be *no need* for such dependants to switch to FLR(M) leave and will be able to apply for settlement directly.
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ekta
- Junior Member
- Posts: 58
- Joined: Mon Aug 10, 2009 11:05 am
- Location: London
Post
by ekta » Mon Sep 03, 2012 3:13 pm
Thanks wpilr_nov12 for you reply.
So what I understand is as we are living togethor for 4 years and Two year period need not to be continuous so it should be fine for me to travel to india and then we can apply for ILR in Jan.
Other confusion if you could help me please -
We both have applied for Tier1 Extension last month as current leave is going to expire in Oct 12. Since we were in UK on Tier1 (and I am as dependent) so this new rule for dependents to complete 5 years to be elligible for ILR, doesn't apply to me? Please clarify?
Thanks
Ekta
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wpilr_nov12
- Diamond Member
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- Joined: Wed Mar 07, 2012 11:13 pm
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by wpilr_nov12 » Mon Sep 03, 2012 5:06 pm
ekta wrote:Thanks wpilr_nov12 for you reply.
So what I understand is as we are living togethor for 4 years and Two year period need not to be continuous so it should be fine for me to travel to india and then we can apply for ILR in Jan.
Other confusion if you could help me please -
We both have applied for Tier1 Extension last month as current leave is going to expire in Oct 12. Since we were in UK on Tier1 (and I am as dependent) so this new rule for dependents to complete 5 years to be elligible for ILR, doesn't apply to me? Please clarify?
Thanks
Ekta
Prior to Tier1 extension last month, if you were living as your husband's dependent (during the four years you mention), then the new rule does not apply to you.
