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ILR dependant application - eligibility period

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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Mayur1
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ILR dependant application - eligibility period

Post by Mayur1 » Fri Feb 15, 2019 3:12 pm

Team,

My spouse has been granted the indefinite leave to remain (ILR) under Tier-2 of the immigration arrangements.

I am currently holding the Tier-2 dependant visa (as a dependant of her) from last 4 years and 2 months. Prior to that period, I was the work visa as ‘Tier 2 Intra company transfer’ main applicant and she was on my dependent visa (i.e. Tier 2 - ICT dependant).

My-self and my wife are living together in the UK from July 2010 (~ 9 years) but I am holding the Tier-2 dependent visa for last 4 years and 2 months.

I have a question about my eligibility to submit the ILR application as her dependant. Could I submit my application for ILR as a dependant of the main applicant who already holds ILR OR I need to wait for completing 5 years as a dependant of Tier-2 migrant?

The rule on the UK GOV website says, we need to live together for 5 years, but it doesn’t clarify as a dependant or total period.

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CR001
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Re: ILR dependant application - eligibility period

Post by CR001 » Fri Feb 15, 2019 3:22 pm

I need to wait for completing 5 years as a dependant of Tier-2 migrant?
You need to have held the Tier 2 dependent visa for 5 years before you will qualify for ILR.
Char (CR001 not Casa)
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Mayur1
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Joined: Tue Feb 21, 2017 5:53 pm

Re: ILR dependant application - eligibility period

Post by Mayur1 » Tue Feb 19, 2019 11:25 am

Thank you for your response.

My wife is now on ILR. My current Tier-2 dependant visa is valid until March-2020 as a dependant of her earlier Tier-2 status.
Need to know my visa is still valid or not (as my wife now been granted the ILR and no longer Tier-2 main applicant).

I will be completing my 5 years period in November 2019.

Thanks you.

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CR001
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Re: ILR dependant application - eligibility period

Post by CR001 » Tue Feb 19, 2019 11:53 am

Your visa remains valid provided your spouse applied for ILR based on Tier 2 and not on 10 years long residence basis.
Char (CR001 not Casa)
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Mayur1
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Re: ILR dependant application - eligibility period

Post by Mayur1 » Tue Feb 19, 2019 4:10 pm

Thank you for your help with this.

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