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Joint with Spouse ILR on different expiry dates Question

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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AT72
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Joint with Spouse ILR on different expiry dates Question

Post by AT72 » Fri Jul 06, 2018 6:04 pm

Hi,

I and my wife got a tier-2 and tier-2 partner respectively in early Oct 2013. I came here in late Oct 2013 and she came here in March 2014 (170 days after the visa issue).

We extended our initial 3 year tier-2 visas in 2016 to Nov 2018. However, I changed employers a couple of months later and extended my visa till Nov 2019 (my wife remains on the one valid till Nov 18). I have justified travel of less than 180 days (less than 90, actually) in all of the five years yet.

We are thinking of applying our ILR together in September this year (28 days before fifth anniversary of the T-2 visa):

i) To confirm, I hope it's ok to apply together even though she is on my previous employment partner visa (but, of course, it finishes earlier than my visa)?

ii) The rules somewhere mention that we don't need to count partner's away dates before 11 January 2018. Does that hold? I worry that my wife may have been out of UK more than 180 days total from Oct 2013 to Oct 2014.

Thank you much in advance.

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CR001
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Re: Joint with Spouse ILR on different expiry dates Question

Post by CR001 » Fri Jul 06, 2018 6:30 pm

She should wait till later and closer to March 2019 as he arrival in the UK is very late after visa issued.
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AT72
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Re: Joint with Spouse ILR on different expiry dates Question

Post by AT72 » Fri Jul 06, 2018 9:25 pm

Thank you for the reply. Her partner visa however expires in Nov 2018 - would you suggest she take an extension of the PBS partner visa rather than apply the ILR in September. Applying any visa is pretty expensive right now :(

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