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Questions about Dependent ILR

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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questionanswer1234
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Questions about Dependent ILR

Post by questionanswer1234 » Tue Jun 12, 2018 2:29 pm

Hello,

My husband will be applying for his ILR next month (Tier 1 Entrepreneur route 5 year basis). He has been in the UK since 2009. We got married last year but I am currently in India due to work commitments.

Is it possible for me to apply as his dependent on his application (he is in the UK and I am in India) or will I have to wait for him to get his visa and then apply as his dependent in India?

Please let me know. Thanks.

vinny
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Re: Questions about Dependent ILR

Post by vinny » Tue Jun 12, 2018 2:40 pm

If you apply as a PBS dependant before he has ILR, then your leave will expire in line with his Tier 1 Entrepreneur leave. When will it expire?
If you apply after he has ILR, then you cannot apply as a PBS dependant. You may apply as a spouse of a settled person.
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questionanswer5678
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Re: Questions about Dependent ILR

Post by questionanswer5678 » Sat Jun 30, 2018 1:04 pm

Hello,

I have had to make a new account because I could not access the old one using the login details I created and it would not let me reset my password either. I sent a help form 2 days ago but got no reply so I created a new account. Please close down the previous one if possible, thank you!

I have tried to avoid creating a new topic and have posted in my initial post so as to follow the rules.

If I come to the UK on a spouse visa (will apply as soon as my husband gets his ILR approval) from India, is there an absence limit or a requirement to spend 185 days a year in the UK or am I free to spend more time outside the UK if I wish to? I run a business and would like to spend a larger chunk of my time in India is possible. Will I be able to apply for ILR after 5 years if I have more than 180 days absence in any continuous 12 month period. Thanks

questionanswer5678
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Re: Questions about Dependent ILR

Post by questionanswer5678 » Sun Jul 01, 2018 8:11 pm

Hello, can anyone please help with my question? Thanks

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Casa
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Re: Questions about Dependent ILR

Post by Casa » Sun Jul 01, 2018 8:29 pm

questionanswer5678 wrote:
Sat Jun 30, 2018 1:04 pm
Hello,

I have had to make a new account because I could not access the old one using the login details I created and it would not let me reset my password either. I sent a help form 2 days ago but got no reply so I created a new account. Please close down the previous one if possible, thank you!

I have tried to avoid creating a new topic and have posted in my initial post so as to follow the rules.

If I come to the UK on a spouse visa (will apply as soon as my husband gets his ILR approval) from India, is there an absence limit or a requirement to spend 185 days a year in the UK or am I free to spend more time outside the UK if I wish to? I run a business and would like to spend a larger chunk of my time in India is possible. Will I be able to apply for ILR after 5 years if I have more than 180 days absence in any continuous 12 month period. Thanks
The 180 days absence only applies to the PBS route. If you are on spouse settlement visa (after your husband has ILR), you will have no restrictions on travel.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

questionanswer5678
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Re: Questions about Dependent ILR

Post by questionanswer5678 » Mon Jul 02, 2018 7:47 pm

Can I come to the UK on a tourist visa and apply for a spouse visa from within the UK or do I need to apply from India only?

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CR001
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Re: Questions about Dependent ILR

Post by CR001 » Mon Jul 02, 2018 7:53 pm

questionanswer5678 wrote:
Mon Jul 02, 2018 7:47 pm
Can I come to the UK on a tourist visa and apply for a spouse visa from within the UK or do I need to apply from India only?
No you cannot switch visa categories if you are in the UK as a tourist. You must apply for a spouse visa from your home country.
Char (CR001 not Casa)
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