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Dependant ILR for person who previously had tier 1

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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parbin98
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Posts: 11
Joined: Tue Feb 23, 2010 1:51 pm

Dependant ILR for person who previously had tier 1

Post by parbin98 » Fri Mar 15, 2013 1:38 pm

Hi,
I am on tier 1 general and going to apply for ILR in November 2013 (5 yrs period, 2008-2013).
I got married in January 2012.

My wife is on tier 1 general as well (initial application - Oct 2010). Her extension is due Aug 2013. She is in catagory of 3+2. So her ILR would be in 2015 if she applies on her own.

Before Tier one she was on PSW visa from Sep 2008-Sep 2010.

Now my query:
1) If she doesnt get her extension in Oct 2013 and wait till I get my ILR in November, can she get direct ILR as dependant with me on basis of 5 yrs of stay that is:
a) 2 yrs PSW - Sep 2008 - Sep 2010
b) 3 yrs tier one - Oct 2010 - Oct 2013?

2) Is there any where mentioned that if you are applying as dependant then your stay under PSW could be counted as continuous period for ILR.
If so, could any esteem members of here could provide me link to it?

3) would you know if there is anyone in similar situation who has applied or going to apply?

Just for Info: both of us are without any convictions and well within required absences.

PS: If similar question has been answered before, please direct me to that thread. I tried searching but at no avail.

Many thanks,
Parbin

ban.s
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Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Post by ban.s » Fri Mar 15, 2013 6:42 pm

As she is in the UK on her own Tier 1 and not as your dependant, she can't apply for ILR with you.

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