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ILR clarification

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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richierich
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Posts: 2
Joined: Thu Mar 01, 2012 12:55 pm
Location: London

ILR clarification

Post by richierich » Thu Mar 01, 2012 1:05 pm

Dear all,

I came to the UK in Apr 2006 on a work permit, then moved to my husbands work permit dependant visa in Sep 2007 and then moved to my work permit on March 2008, then to tier 1 in November 2008 and continue to be on tier 1 till now.

My husband came to the UK on work permit in Sep 2007 and then moved to tier 1 in November 2008 and has been on tier 1 since then. He is eligible for his ILR in Aug 2012.

We have been Married for 12 years and have been living together in the UK since September 2007.

Pls advise if I can apply for ILR with my husband in Aug 2012 as we have been living together for more than 2 years irrespective of my Visa status.

Also please let me know what would be the process for applying together. Do I continue to be on tier 1 or do I need to change my status before I apply or tier 1 with him in Aug 2012.
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vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Mar 01, 2012 1:08 pm

No. You should change your status to become your husband's dependant, if you wish to be included in his ILR application.
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.
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Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu Mar 01, 2012 1:15 pm

note you will have to apply for entry clearance as your husband's PBS dependent from outside the UK. You cannot switch from within the UK.
Last edited by Greenie on Thu Mar 01, 2012 1:18 pm, edited 1 time in total.
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richierich
Newly Registered
Posts: 2
Joined: Thu Mar 01, 2012 12:55 pm
Location: London

Post by richierich » Thu Mar 01, 2012 1:17 pm

What does it take to become his dependant? So what should I apply for?

Lets assume if I become his dependant, then do I have to serve for another 2 years?
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Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu Mar 01, 2012 1:29 pm

richierich wrote:What does it take to become his dependant? So what should I apply for?

Lets assume if I become his dependant, then do I have to serve for another 2 years?
follow the links above.

If you obtain leave as his dependent you will be given leave in line with him (i.e. it will expire when his does), you can then apply for ILR together as you will have spent two years living together as husband and wife in the UK, with your last period of leave as a PBS dependent, thus satisfying 319E (c) and (d)
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