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ILR for Dependent

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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niceguys
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ILR for Dependent

Post by niceguys » Tue Jan 15, 2013 8:21 pm

Hello Friends,

I have some queries on the ILR, could you please help.
I am eligible for ILR in March or April this year but I do not know whether my wife will be at the same time.

• We both entered UK by 7th April 2008 with Work permit for 5 years which has been changed to Tier-2 visa later by the same employer. My wife was under the dependent visa all the time.

• The Tier-2 main and dependent visa was provided until Nov-2012 for both of us.

• My wife was staying with me until Aug 2011, after that she went to home country due to pregnancy and to get parents support.

• In the mean time I changed my job and new Tier-2 visa was provided by the new employer in Feb 2012 which is valid until Feb 2015. My wife was in the home country that time so she could not apply for the new Tier-2 dependent visa. However, her initial Tier-2 visa was valid until Nov 2012.

• Then she applied for new Tier-2 dependent visa by 6th Jul 2012 and got the visa only after six months
ie 8th Jan 2013.

Now I have following queries:

• I am going to apply for ILR by 11th March 2013 based on 28 days period.
Is it correct?

• Is my wife eligible for ILR at the same time?

summary:
1 Her initial Tier-2 dependent visa was valid until -- Nov-2012
2 She applied for the second Tier-2 dependent visa in
(due to my change in job and new tier-2 visa in Feb-2012) -- 6-Jul-2012
3 Got the second Tier-2 dependent visa in -- Jan-2013

Is she eligible for ILR?

Kind Regards,
niceguys.

uksettlement
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Post by uksettlement » Tue Jan 15, 2013 9:15 pm

Yes you can apply on the date you have specified.

Technically your wife has stayed in the uk for more than 2 years so she should be eligible as well as long as she is in uk with you when you make the ILR application.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

niceguys
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Post by niceguys » Tue Jan 15, 2013 9:23 pm

My only concern is I got the second Tier-2 visa under the new employers's name but she was in the home country with previous employer's Tier-2 dependent visa. Please advise.

uksettlement
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Post by uksettlement » Tue Jan 15, 2013 9:24 pm

That shouldn't be a problem.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

niceguys
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Post by niceguys » Thu Jan 17, 2013 10:10 pm

Many Thanks.

niceguys
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Post by niceguys » Thu Jan 24, 2013 7:31 pm

Many of friends have told there is a gap between by wife's Tier-2 dependent visa so she could not apply. Is it true?

Deepa999
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Post by Deepa999 » Thu Jan 24, 2013 11:58 pm

niceguys wrote:Many of friends have told there is a gap between by wife's Tier-2 dependent visa so she could not apply. Is it true?
As long as she was here from last 2 yrs before applying your ILR, that is not a problem ( last 2 yrs continuous residency is main)

Deepa

niceguys
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Post by niceguys » Fri Jan 25, 2013 12:09 am

She was in UK for 3.5 yrs then there is a visa break and now coming back after 1.5 yrs.

uksettlement
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Post by uksettlement » Fri Jan 25, 2013 1:22 am

that shldnt be a problem!
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

niceguys
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Post by niceguys » Fri Jan 25, 2013 6:54 am

Is there any document in UKB A website where I can refer to?

Many Thanks.

ilrdep
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Post by ilrdep » Fri Jan 25, 2013 6:59 am

My wife case was also similar she had a gap 3 years in between her visa, we didn't had any issue but queries were asked because she was in India and i was in uk
http://www.immigrationboards.com/viewto ... highlight=

niceguys
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Post by niceguys » Fri Jan 25, 2013 7:14 am

Yes I understand. In my case there is a gap of 10 months between the two visas. When I asked the consultants, straight away they said my wife is not eligible at the time of my application. I am planning to apply by March this year. Still in ambiguous state.

niceguys
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Post by niceguys » Sat Feb 02, 2013 12:18 pm

Another query with relates to above.

My wife stayed in UK as dependent for around 3 years say 1.5 in Workpermit and 1.5 years in Tier-2.

Do they combine these years for getting the eligibility. As the new says dependent needs to be in 2 continuous stay on Tier-2. Not combination of WP and Tier-2.

If this is true, then it is a problem for her to apply ILR.

Please advise on this, many thanks.

uksettlement
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Joined: Sun Mar 04, 2012 7:07 pm
Location: London
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Post by uksettlement » Sat Feb 02, 2013 12:47 pm

niceguys wrote:Another query with relates to above.

My wife stayed in UK as dependent for around 3 years say 1.5 in Workpermit and 1.5 years in Tier-2.

Do they combine these years for getting the eligibility. As the new says dependent needs to be in 2 continuous stay on Tier-2. Not combination of WP and Tier-2.

If this is true, then it is a problem for her to apply ILR.


Please advise on this, many thanks.
Previous stays can be clubbed. However, for your wife to apply as your dependant she should be a dependant on your visa at the time of application.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

lovelydj4u
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Post by lovelydj4u » Sat Feb 02, 2013 1:17 pm

I am applying for ILR along with 1 dependant (wife). Do I needto fill just one set (o) form OR 2 separate set (o) forms, one for me and otherfor dependant?

uksettlement
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Post by uksettlement » Sat Feb 02, 2013 1:24 pm

lovelydj4u wrote:I am applying for ILR along with 1 dependant (wife). Do I needto fill just one set (o) form OR 2 separate set (o) forms, one for me and otherfor dependant?
Please continue in existing topic (http://www.immigrationboards.com/viewtopic.php?t=125095)
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

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