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is my wife ok to apply ?

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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shimu
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Posts: 22
Joined: Mon Jun 27, 2011 1:14 pm

is my wife ok to apply ?

Post by shimu » Mon Jun 27, 2011 1:17 pm

Hi Everyone,

I am going to apply for ILR in Dec '11. I am on tier 1 and mine is clear case. Hopefully, I will have no issue in getting the ILR.

My query is regarding my wife's ILR. Her immigration history is as follows:

1) Arrived in UK in Jan 2008 - on work permit. Work permit was valid till Dec 2009
2) Left for India in June 2009 after birth of our child. However, she was on UK maternity leave during her time in India
3) Returned to UK on a family visitor visa in Feb 2010
4) Left for India in June 2010
5) Came back to UK in Dec 2010 on tier 1 dependent and is here ever since

Is she eligible to apply for ILR with me as a dependent?

thanks and regards
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Jun 27, 2011 1:24 pm

If she has been living with you in the UK for at least two years, then yes (319E).
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geriatrix
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Re: is my wife ok to apply ?

Post by geriatrix » Mon Jun 27, 2011 2:16 pm

shimu wrote:3) Returned to UK on a family visitor visa in Feb 2010
I wonder if this could have reset the "2 year qualifying residential period"?
Life isn't fair, but you can be!
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Jun 27, 2011 4:24 pm

Perhaps not reset, as 319E doesn't specify previous leave except current one?
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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