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10 Year ILR rule

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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mohsin_anas
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Posts: 2
Joined: Sun Apr 13, 2014 1:02 am

10 Year ILR rule

Post by mohsin_anas » Sun Apr 13, 2014 1:05 am

Dear Forum Members

Could someone please help me. My wife has been in UK since 8.5 years. She came to UK initially on a student visa, then got PSW for 2 years, then again student visa. I have recently became her dependent 1.5 years before

My employer wants to apply for the work permit. My only concern is that if my wife becomes my dependent, would her previous stay be counted for her ILR application when she makes once her 10 years will be completed hopefully in another 1.5 years. I understand she has to apply for ILR individually.

Some lawyers have suggested me that once my wife becomes my dependent, her previous stay will be disregarded as per new rules which have been introduced on 06th April 2014. Some saying as long as the applicant has been in UK legally, he or she can apply for ILR

Can someone please advice me with a genuine answer should i go for work permit or no

Thanks

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

Re: 10 Year ILR rule

Post by vinny » Sun Apr 13, 2014 1:57 am

As far as I can see, there have been no changes to the Long residence rules.
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.
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iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: 10 Year ILR rule

Post by iworker » Mon Apr 14, 2014 11:39 am

you will need to leave the country and apply from your home country for tier 2.
you wife can change the visa inside uk, and will be eligible for 10 yrs ILR.

mohsin_anas
Newly Registered
Posts: 2
Joined: Sun Apr 13, 2014 1:02 am

Re: 10 Year ILR rule

Post by mohsin_anas » Mon Apr 14, 2014 3:04 pm

Thanks for your kind reply

So it means i need to go back to apply for Tier 2 visa, and when i come back, my wife can apply to become my dependent

Can she stay here in UK and i can go back to change my status and she can apply later on once i am back to become my dependent

So irrespective of her status, she will be eligible to apply for her ILR on the basis of her 10 year leave

iworker
Diamond Member
Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
Pakistan

Re: 10 Year ILR rule

Post by iworker » Mon Apr 14, 2014 4:33 pm

yes
yes

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