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Settlement for spouse in 10years route

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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silenceripper
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Settlement for spouse in 10years route

Post by silenceripper » Wed May 25, 2016 6:16 pm

Dear all,
My legal residence in UK is closed to being 10yrs. I will be eligible for settlement through the 10yr route in July 2016 and thus will apply for the settlement. My annyal salary is around £37,000.00 and am in a permanent job which are all documented therefore, will have no problem from that context.

The question I want to ask is about my wife who will be short of 3months than 10yrs at the time I will apply for settlement (in July). But her visa along with mine will expire by mid-August 2016. Since she will not be eligible for settlement under 10yr route because of the 3month shortage, in order to avoid her overstay, I can make a premium application only for myself in July and get a quick decision and send her application separately later after I receive my decision (hoping I will have my ILR by then). In this scenario, can anyone please suggest me if I am thinking along the right line or is there any better option availale for my wife. If she applies separately later after I receive my decision, could you please suggest under which category she should apply? Any help and suggestions are highly appreciated.
All the best

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CR001
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Re: Settlement for spouse in 10years route

Post by CR001 » Wed May 25, 2016 7:11 pm

She cannot apply that early for long residence ILR.

Apply FLR(M) by post once your ILR is granted and if no decision by the time she qualifies for ILR (10 years -28 days) apply to vary her application to Set(LR).
Char (CR001 not Casa)
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silenceripper
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Re: Settlement for spouse in 10years route

Post by silenceripper » Thu May 26, 2016 12:21 am

CR001 wrote:She cannot apply that early for long residence ILR.

Apply FLR(M) by post once your ILR is granted and if no decision by the time she qualifies for ILR (10 years -28 days) apply to vary her application to Set(LR).
That is very helpfull and thank you so much CR001. That was an area of confusion I needed some advices on. Many thanks again.

silenceripper
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Re: Settlement for spouse in 10years route

Post by silenceripper » Thu May 26, 2016 12:42 am

One more confusion @ CR001 or anyone:

The UK gov https://www.gov.uk/remain-in-uk-family/overview enlisted the exceptions under which one may have to apply in different route than FLR (M) as CR001 suggested above. One of the exceptions listed is:

Exceptions:

You may need to apply in a different way if:
your partner originally had a temporary visa as a worker

This is where I am getting confused. I initially came as a student, then was in PSW and then in Tier-2 (Skilled worker) for last around 4< years which is also my current visa status as well. Do I fall into the above criteria because I had a Tier-2 visa? Is that what they meant by ''temporary visa as a worker"? I will be grateful to receive an advice on this.

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vinny
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Re: Settlement for spouse in 10years route

Post by vinny » Thu May 26, 2016 12:58 am

Note that they use the word "may". The exception is not applicable to Long residence PBS dependants.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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silenceripper
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Re: Settlement for spouse in 10years route

Post by silenceripper » Thu May 26, 2016 3:43 am

vinny wrote:Note that they use the word "may". The exception is not applicable to Long residence PBS dependants.
Thank you so much for this useful information vinny. Also the link you provided is much of relevance and resourceful, take another bow for that.
All the best.

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