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Indefinite Leave to Remain Application

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, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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estlonsoms
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Posts: 1
Joined: Sat Nov 03, 2012 5:32 pm

Indefinite Leave to Remain Application

Post by estlonsoms » Wed Nov 07, 2012 10:42 pm

Hello,

I plan to apply for PR application for myself and my wife in early 2013. I would request your assistance in answering some of
my questions related to this applicaton.

Situation:
I have travelled to the UK on 31st March 2008 (WP issued on 10th March 2008) on work permit, while my wife travelled on
an independant work permit on 5th May 2008 (WP issued on 10th March 2008).
We both are on PBS - Tier 2 (ICT) Migrant since 2009.We have a child born in the UK in 2010 and is on my dependant visa
My wife will have to apply for her Tier 2 (ICT) extension in March 2013 as she will complete her 5 years in May 2012 while
her current leave to remain ends in March 2012.

1.I plan to apply for ILR in March 2013 with my daughter.Since my wife's leave to remain ends around the same time, will it
have a bearing on the success of my ILR application? I am rasing this question, because during the last extension of my visa and
my daughters dependant, home office had asked for a No Objection Letter from my wife related to the extention application of my daughter.

2.Would be better for my wife to move to my dependant visa before we apply for PR next year? Or it would be OK to apply
independantly on her own Tier 2 application.

Appreciate, if you could respond to my queries. Thanks.

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

Post by geriatrix » Thu Nov 08, 2012 12:30 pm

1. No. See also Q29 - Q32.
2. No, the rules have changed and if she applies for entry clearance as your dependant now she will not be eligible for settlement for the next 5 years. She should apply for settlement in her own right as a PBS migrant.
Life isn't fair, but you can be!

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