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Spouse not on dependent visa

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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inspiron
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Joined: Wed Sep 14, 2016 9:33 am

Spouse not on dependent visa

Post by inspiron » Wed Sep 14, 2016 9:49 am

Hi all,
I am eligible to apply for IRL on May 2017 following 5 years on tier 2.
My spouse is sponsored on tier 2 visa as well - we have been together for over 8 years leaving in the UK and never been a dependent on my visa.
I did my research but still have some questions:

1) Can my spouse apply for ILR on May 2017 with me if she is not on tier 2 dependent visa? I think the answer is no .. but would appreciate if someone can confirm that.

2) Is it possible that my spouse switches to Tier 2 dependent then we can apply for ILR? or does the dependent visa have to cover 5 years of residency?

3) If get the ILR myself, can my spouse apply for settlement using e.g. SET(M) as we are together for more than 5 years?

Your help is really appreciated.
Thanks,

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CR001
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Re: Spouse not on dependent visa

Post by CR001 » Wed Sep 14, 2016 10:15 am

1) Can my spouse apply for ILR on May 2017 with me if she is not on tier 2 dependent visa? I think the answer is no .. but would appreciate if someone can confirm that.
No, she cannot because she is not your dependent.
2) Is it possible that my spouse switches to Tier 2 dependent then we can apply for ILR? or does the dependent visa have to cover 5 years of residency?
Even is she switches to Tier 2 Dependent, she still cannot apply with you. She would need 5 years residence as Tier 2 Dependent.
3) If get the ILR myself, can my spouse apply for settlement using e.g. SET(M) as we are together for more than 5 years?
No because she does not hold a visa (spouse settlement visa) to be able to apply on Set(M). It has nothing to do with how long you have been together. It has everything to do with the qualifying category of visa she holds.
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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