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ILR as a partner (5 years since dependant visa or marriage?)

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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yswx0220
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ILR as a partner (5 years since dependant visa or marriage?)

Post by yswx0220 » Fri Jul 28, 2017 2:49 pm

Hello knowledgeable people,

My husband and I got married in July 2012, and we have been living together in UK for more than 5 years. But I was on PSW visa at that time. I got my first PBS dependant visa in Feb 2013 (he was on T1 general at that time, and he just got his UK citizenship last month).

The below page says Eligibility for partners is
You must also have been living with your partner in the UK for at least:5 years if you applied for your current visa on or after 9 July 2012
https://www.gov.uk/settle-in-the-uk/

So I am wondering, am I qualified to apply for ILR yet? Or I have to wait for Feb 2018 (5years since my first PBS dependant visa).

Please help.

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CR001
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Re: ILR as a partner (5 years since dependant visa or marria

Post by CR001 » Fri Jul 28, 2017 3:01 pm

You have to wait till you have 5 years residence as PBS dependent before you can apply for ILR in Set(O).

You cannot combine different visa categories to make up 5 years. It also does not count from date of marriage but date of dependent visa issued.
Char (CR001 not Casa)
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J2O
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Re: ILR as a partner (5 years since dependant visa or marria

Post by J2O » Tue Aug 01, 2017 9:50 am

hi
I need some help regarding which Visa i should go for my dependent and children. Here is a brief about my immigration history.

I got ILR in 2016 through Long term residency and my last visa status before going to ILR was Tier 1 Entrepreneur. My wife came in UK in Feb 2012. She had two children from her previous marriage, who also came in UK as my dependents in Aug 2012. I had PSW visa at the time they arrived in UK. I changed my Visa to Tier 1 Entrepreneur in 2013 and all my dependent also granted dependent visa at that time

1- Although my wife came when there was 2 year route for Dependent ILR but I believe as I have changed my immigration status to ILR through Long term residency, she will require to apply for spouse Visa and complete 5 years on spouse visa before she is eligible for ILR. Is that right?

2- I am confused to which Visa route i should go for the children. As they have visa till November 2017 and they will complete 5 years by that time. Should i apply for their ILR or should i need to go for dependent visa for them. They are under 18 at the moment.

Your response will be really appreciated especially regarding children.

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CR001
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Re: ILR as a partner (5 years since dependant visa or marria

Post by CR001 » Tue Aug 01, 2017 9:54 am

J2O wrote:hi
I need some help regarding which Visa i should go for my dependent and children. Here is a brief about my immigration history.

I got ILR in 2016 through Long term residency and my last visa status before going to ILR was Tier 1 Entrepreneur. My wife came in UK in Feb 2012. She had two children from her previous marriage, who also came in UK as my dependents in Aug 2012. I had PSW visa at the time they arrived in UK. I changed my Visa to Tier 1 Entrepreneur in 2013 and all my dependent also granted dependent visa at that time

1- Although my wife came when there was 2 year route for Dependent ILR but I believe as I have changed my immigration status to ILR through Long term residency, she will require to apply for spouse Visa and complete 5 years on spouse visa before she is eligible for ILR. Is that right?

2- I am confused to which Visa route i should go for the children. As they have visa till November 2017 and they will complete 5 years by that time. Should i apply for their ILR or should i need to go for dependent visa for them. They are under 18 at the moment.

Your response will be really appreciated especially regarding children.
Can you please stop tagging your question onto other members topics and continue in your own topic that you have and where you have already received advice.

immigration-for-family-members/ilr-depe ... l#p1458114
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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