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ILR for my wife

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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Pavkamp
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ILR for my wife

Post by Pavkamp » Sat Dec 15, 2012 10:51 pm

Hi
First of all thanks to the forum for being much helpful. I got married in March 2011 and my wife got Tier 1 dependent visa in June 2011 and joined me on the same month in London. Then I applied for ILR based on 5 year stay ( last visa being Tier 1 ) in November 2011. My wife then applied ILR dependent and got it in March 2012 using FLR(M) and it is valid till March 2014.

I applied for British citizenship in Nov 2012 and it has been granted. My wife’s Passport expires on Oct 2014. Can you please answer my below questions.

1) When she can apply for ILR? And what is the application form?
2) Does she need to extend her passport before applying for ILR?

Regards,

Spidery_thread
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Re: ILR for my wife

Post by Spidery_thread » Sun Dec 16, 2012 9:54 pm

Pavkamp wrote:Hi
First of all thanks to the forum for being much helpful. I got married in March 2011 and my wife got Tier 1 dependent visa in June 2011 and joined me on the same month in London. Then I applied for ILR based on 5 year stay ( last visa being Tier 1 ) in November 2011. My wife then applied ILR dependent and got it in March 2012 using FLR(M) and it is valid till March 2014.

I applied for British citizenship in Nov 2012 and it has been granted. My wife’s Passport expires on Oct 2014. Can you please answer my below questions.

1) When she can apply for ILR? And what is the application form?
2) Does she need to extend her passport before applying for ILR?

Regards,
@Pavkamp,

Your wife can apply ILR in June 2013, as time spent as dependant of Tier 1 General Migrant is counted towards two year residency period for a spouse to qualify for ILR.
If the passport is expiring before June 2013, then its better to renew.
Information provided is general guidance and does not constitute legal advice.
______________
sPiDeRy_tHrEaD

Pavkamp
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Re: ILR for my wife

Post by Pavkamp » Thu Dec 27, 2012 2:08 pm

Thanks for your help. It would be help full if you clarify below as well

1) What form should I use to apply?
2) Can she apply for ILR in May?

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CR001
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Post by CR001 » Thu Dec 27, 2012 2:19 pm

1. She can apply using SET(M) form
2. She can apply no earlier than 28 days before her 2 years residence qualifying time - what date did she arrive in the UK??
Char (CR001 not Casa)
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Pavkamp
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Post by Pavkamp » Thu Dec 27, 2012 2:32 pm

Thanks again. One more last question when she can apply for Naturalisation.

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CR001
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Post by CR001 » Thu Dec 27, 2012 2:37 pm

Unless you provide the exact dates of her entry and visas, no one can answer that question.

The residency rules for naturalisation are :

5 years; or
3 years if married to a BC
Char (CR001 not Casa)
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Pavkamp
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Location: United Kingdom

Post by Pavkamp » Thu Dec 27, 2012 2:42 pm

Sorry, below are the details

I got married in March 2011 and my wife got Tier 1 dependent visa in June 2011 and joined me on the 12th of the same month in London. Then I applied for ILR based on 5 year stay ( last visa being Tier 1 ) in November 2011. My wife then applied ILR dependent and got it in March 2012 using FLR(M) and it is valid till March 2014.

I applied for British citizenship in Nov 2012 and it has been granted. My ceremony to get the certificate is on 17th Jan.

ILR

One big concern for applying ILR for my wife is her Passport expires on Sept 2014. Does this cause any problems for ILR?

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CR001
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Post by CR001 » Thu Dec 27, 2012 2:54 pm

She can apply for ILR 28 days before 12th June 2013.

If her passport only expires in September 2014, there is nothing to worry about for ILR. ILR is not stamped in passport as you would know and she will receive a BRP.

Regarding naturalisation application for your wife, she will be able to apply as spouse of BC on 12th June 2014 once she has been resident for 3 years and any absences are within the limits.

Thanks
Char
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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