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From parents dependent to a Spouce - Help

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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jamil05
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Posts: 50
Joined: Thu Jul 22, 2010 5:21 pm

From parents dependent to a Spouce - Help

Post by jamil05 » Mon May 23, 2011 1:16 pm

Hello

I have a bit complicated situation.

My fiancee is on her fathers work permit as a dependent. We have 2 Kids together and stay together.

Her VISA is running out mid June. She now want to apply as my dependent or as a spouce to me. I have ILR. She work full time and im self employed working from home. She has been in UK for 7 years now all on her fathers dependent VISA.

Our dilema is:

Does she qualify for ILR

What are our chances of getting spouce VISA

And is she allowed to switch from dependent VISA to spouce?

Lastly, what forms do we need to apply in-country for dependent or spouce?

Thank you

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon May 23, 2011 2:18 pm

1. No.
2. You say "fiancee", so if you two have been living together for at least 2 years and can provide evidence of cohabitation for these 2 years, then she may apply for leave to remain as "unmarried partner".
3. She cannot apply for leave to remain as a "spouse" unless you two are married.
4. To apply for leave to remain in either category (as the case may be), the form to use is FLR(M).
Life isn't fair, but you can be!

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon May 23, 2011 2:19 pm

What's your status?
How long have you been living together?
Are you planning on marrying?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: From parents dependent to a Spouce - Help

Post by geriatrix » Mon May 23, 2011 2:26 pm

jamil05 wrote:I have ILR.
Life isn't fair, but you can be!

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon May 23, 2011 2:32 pm

Oops. Thanks, I missed seeing that!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

jamil05
Junior Member
Posts: 50
Joined: Thu Jul 22, 2010 5:21 pm

Post by jamil05 » Fri Jun 03, 2011 4:25 pm

sushdmehta wrote:1. No.
2. You say "fiancee", so if you two have been living together for at least 2 years and can provide evidence of cohabitation for these 2 years, then she may apply for leave to remain as "unmarried partner".
3. She cannot apply for leave to remain as a "spouse" unless you two are married.
4. To apply for leave to remain in either category (as the case may be), the form to use is FLR(M).
Thank you for the help.

Today, 03/06/11 we had a PEO appointment solihull, birmingham, we carried everything we thought may help. To our surprise we were told that she need an english language test not life in the UK test. Immigration then refused the application and advised to rebook with the english test certificate.

our dilema now is her VISA is expiring 14/06. there is no more time to sit for this exam. whats the best way forward? turning our heads in.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Jun 03, 2011 5:30 pm

LITUK is not a requirement for FLR(M), A1 is.
Life isn't fair, but you can be!

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