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VVIP: Gurus please help me out

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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mnaeem126
inactive
Posts: 160
Joined: Sat Dec 15, 2012 12:02 am

VVIP: Gurus please help me out

Post by mnaeem126 » Sat Dec 15, 2012 12:23 am

I am on Tier 1 (General) Migrant visa and would be able to apply for ILR in Sep 2015 by completeing 5 years. My wife (with 2 kids) has just got Tier 1 Dependant visa in December 2012 valid until Sep 2015 but she is NOT ABLE to travel upto september 2013.

Questions:
1) Would she be able to get ILR with me if she comes in Sep 2013 (with 9 months delayed entry from the date of visa issued) and spends 2 years period with me as my spouse or she needs to spend 5 years to be eligible for ILR. Her visa application date was mid-Nov 2012 (after July 9, 2012).
3) Would 90 days or 180 days rule be applied on here visa (as a spouce) or dependants are exempted from this rule?

I am too worried about this.

Please help me out here.

Regards & Thanks in advance!!


* This forum is always helpful for the people like me. I would be very grateful to all of you for helping me out here.

Spidery_thread
Member of Standing
Posts: 345
Joined: Wed Dec 05, 2012 11:28 am
Location: 60.827976,-0.840391

Re: VVIP: Gurus please help me out

Post by Spidery_thread » Sat Dec 15, 2012 10:59 am

mnaeem126 wrote:I am on Tier 1 (General) Migrant visa and would be able to apply for ILR in Sep 2015 by completeing 5 years. My wife (with 2 kids) has just got Tier 1 Dependant visa in December 2012 valid until Sep 2015 but she is NOT ABLE to travel upto september 2013.

Questions:
1) Would she be able to get ILR with me if she comes in Sep 2013 (with 9 months delayed entry from the date of visa issued) and spends 2 years period with me as my spouse or she needs to spend 5 years to be eligible for ILR. Her visa application date was mid-Nov 2012 (after July 9, 2012).
3) Would 90 days or 180 days rule be applied on here visa (as a spouce) or dependants are exempted from this rule?

I am too worried about this.

Please help me out here.

Regards & Thanks in advance!!


* This forum is always helpful for the people like me. I would be very grateful to all of you for helping me out here.
@mnaeem126,

Its too early to say any thing about ILR in 2015, there will be several changes in the rules until that date.
Information provided is general guidance and does not constitute legal advice.
______________
sPiDeRy_tHrEaD

sh1981
Member of Standing
Posts: 290
Joined: Sun Nov 18, 2012 9:50 pm

Re: VVIP: Gurus please help me out

Post by sh1981 » Thu Dec 20, 2012 2:25 pm

mnaeem126 wrote:I am on Tier 1 (General) Migrant visa and would be able to apply for ILR in Sep 2015 by completeing 5 years. My wife (with 2 kids) has just got Tier 1 Dependant visa in December 2012 valid until Sep 2015 but she is NOT ABLE to travel upto september 2013.

Questions:
1) Would she be able to get ILR with me if she comes in Sep 2013 (with 9 months delayed entry from the date of visa issued) and spends 2 years period with me as my spouse or she needs to spend 5 years to be eligible for ILR. Her visa application date was mid-Nov 2012 (after July 9, 2012).
3) Would 90 days or 180 days rule be applied on here visa (as a spouce) or dependants are exempted from this rule?

I am too worried about this.

Please help me out here.

Regards & Thanks in advance!!


* This forum is always helpful for the people like me. I would be very grateful to all of you for helping me out here.
rules as present on date of entry
---
ILR Submit: 05/12/2012
Spouse Visa Exp: 09/12/2012
Ack Rec'd: 12/12/2012
Bio Rec'd: 10/01/2013
Bio Done: 10/01/2013
ILR Approval letter: 05/03/2013
Bio RP Rec'd: 06/03/2013
Current Stat: Settled
My Blog: uk-spouse-visa.blogspot.com

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Dec 20, 2012 3:52 pm

This is the applicable rule as of today (20/12/12)


319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a)..
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant - your situation in 2015;
(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant - your situation in 2015;
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified - 5 years, in your case, - during which the applicant must - be living together as your dependent at all times.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

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