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Can Dependent Apply for ILR Before Main Applicant

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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KCD
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Can Dependent Apply for ILR Before Main Applicant

Post by KCD » Sat Nov 11, 2017 9:50 pm

My brother came to the UK in Dec 2014 with his wife and 2 kids on Tier2 General VISA.
He is working with a UK company since then and can apply for ILR in 2019.
He meets all criteria except for continuous residence.
He is required to work in India for 3 weeks in a month since December 2016. total absence is more than 180 in 12 monts.
His company is ready to provide required documents to home office.
Please let me know if it is still possible for to him apply for ILR.

His wife and 2 kids satisfy continuous residence requirement.
Can his wife apply for ILR independently in 2019 with the kids before him?

Thanks in advance.

vinny
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Re: Can Dependent Apply for ILR Before Main Applicant

Post by vinny » Sun Nov 12, 2017 11:28 am

No, unless under Long residence.
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KCD
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Re: Can Dependent Apply for ILR Before Main Applicant

Post by KCD » Fri Nov 17, 2017 3:34 pm

Thanks Vinny.

Does the answer "NO" apply to this question as well?

His wife and 2 kids satisfy continuous residence requirement of 5years.
Can they apply for ILR independently in 2019?

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zimba
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Re: Can Dependent Apply for ILR Before Main Applicant

Post by zimba » Fri Nov 17, 2017 3:41 pm

Continuous residence under 5 year rule is ONLY ONE of the conditions required for ILR. Another condition is that the main PBS applicant must have secured ILR under the PBS route too before any dependent can apply for ILR under PBS. So a PBS dependant cannot apply for ILR independently under PBS route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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