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ILR Dependents eligibility

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

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Bheema
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Posts: 57
Joined: Wed Apr 18, 2012 11:52 am

ILR Dependents eligibility

Post by Bheema » Thu Feb 13, 2014 1:02 pm

Hello All,

I had got ILR on 24th Dec 12 and waiting for BC decision.

My wife first came 20 Nov 11 as TIER-1 dependent and went to India 01 Oct 2012. She is coming back on ILR dependent on 01 Mar 14. Is she eligible for ILR in Dec 2014 if I get BC now?

Please tell me if I`m wrong?

1)To eligible for ILR as dependent the person should be in UK at least for 2 years as spouse of BC

2)Max length allowed out of UK in those two years is 450 days.

Your inputs are welcome.

SSWSZ
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Location: uk

Re: ILR Dependents eligibility

Post by SSWSZ » Thu Feb 13, 2014 2:28 pm

Now she came under new rules for ILR she has to wait 5 years .correct me senior members if I am wrong.rules changed after July 2012
ss

Bheema
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Posts: 57
Joined: Wed Apr 18, 2012 11:52 am

Re: ILR Dependents eligibility

Post by Bheema » Thu Feb 13, 2014 3:22 pm

Dear SSWSX,

Thank you for reply,I do agree if the first application made as dependent after June 2012 but she came before those rules are applicable..I'm going to get my BC in a month or 2 but not more than that?

SSWSZ
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Posts: 494
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Location: uk

Re: ILR Dependents eligibility

Post by SSWSZ » Thu Feb 13, 2014 4:32 pm

If her previous visa expire and she applied again after July 2012 then she came under new rules .


Your BBC never make any difference .because for dependent she should have ILR and she was living is uk for 3 years legally is the main requirement



Bheema wrote:Dear SSWSX,

Thank you for reply,I do agree if the first application made as dependent after June 2012 but she came before those rules are applicable..I'm going to get my BC in a month or 2 but not more than that?
ss

Amber
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Re: ILR Dependents eligibility

Post by Amber » Thu Feb 13, 2014 6:52 pm

If she was a PBS dep then switched to dep of settled/British before the PBS leave expired, she'll fall under the old rules, if, the PBS dep leave was granted before July 2012.
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vinny
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Re: ILR Dependents eligibility

Post by vinny » Thu Feb 13, 2014 10:31 pm

Bheema wrote:I had got ILR on 24th Dec 12 and waiting for BC decision.

My wife first came 20 Nov 11 as TIER-1 dependent and went to India 01 Oct 2012. She is coming back on ILR dependent on 01 Mar 14. Is she eligible for ILR in Dec 2014 if I get BC now?
When did her Tier 1 dependant leave expire? The problem is that she didn't switch from inside the UK, but applied for a new entry clearance in a different category.
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Amber
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Re: ILR Dependents eligibility

Post by Amber » Thu Feb 13, 2014 11:12 pm

Sorry I thought shed switched in the UK. When you applied for her leave as the spouse of a settled person, did you have to meet a Financial requirement, I.e. 6 months bank statements, wage slips, employment contract etc....?

Assuming you applied for ILR under long residence. Based on your previous posts, you should have brought your spouse to the UK before being granted ILR and applied for her FLR(M). As her PBS dep leave didn't expire until mid 2014. Based on what you've wrote previously, your spouse has been granted leave to enter under Annex FM and thus has to satisfy 5 years in the UK to settle, extending leave after 2.5 years.
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vinny
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Re: ILR Dependents eligibility

Post by vinny » Thu Feb 13, 2014 11:32 pm

How long was her spouse visa valid for?
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Bheema
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Re: ILR Dependents eligibility

Post by Bheema » Fri Feb 14, 2014 6:08 pm

Amber_ wrote:Sorry I thought shed switched in the UK. When you applied for her leave as the spouse of a settled person, did you have to meet a Financial requirement, I.e. 6 months bank statements, wage slips, employment contract etc....?
She has extended tier-1 dependent visa in Jun 2012 (First arrival in Nov 2011, before the new 5 years rules came into effect) and that visa is valid till Jun 2014. She left UK on 01 Oct 2012. Currently she has been approved the visa but not got stamped yet?

Mean while I have got ILR when she is in India. After confirmation VFS India has asked me to change her visa status to ILR dependent before she travels to UK.

We had applied last MAY 2013 for her visa in September they had rejected and given a chance to appeal. Now they have approved her visa.

Regarding your above requirements I had provided all those for present ILR dependent entry clearance.

As per my understanding she can go for ILR (SET-O) by the end of this year for being in UK or wait for another 2.3 months and apply for BC directly.

vinny
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Re: ILR Dependents eligibility

Post by vinny » Fri Feb 14, 2014 10:11 pm

Bheema wrote:As per my understanding she can go for ILR (SET-O) by the end of this year for being in UK or wait for another 2.3 months and apply for BC directly.
No. An ILR dependent should apply for ILR using SET(M). Moreover, she requires ILR for British citizenship.

Do let us know how long her visa is granted for (old rules -> 27 months, new rules -> 33 months).
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Bheema
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Re: ILR Dependents eligibility

Post by Bheema » Wed Mar 05, 2014 5:37 pm

Hi Vinny,

I have got visa confirmation today..Expiry date is 25/11/2016.

Bheema
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Re: ILR Dependents eligibility

Post by Bheema » Wed Mar 19, 2014 11:39 am

On visa it stated VISA SPOUSE/CP Expiry: 25/11/16.

vinny
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Re: ILR Dependents eligibility

Post by vinny » Wed Mar 19, 2014 12:21 pm

Ok, that is the date of expiry. However, what was her visa's start date?
vinny wrote:How long was her spouse visa valid for?
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.

Bheema
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Joined: Wed Apr 18, 2012 11:52 am

Re: ILR Dependents eligibility

Post by Bheema » Wed Mar 19, 2014 12:52 pm

Hi Vinny,

26/02/2014?

vinny
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Re: ILR Dependents eligibility

Post by vinny » Wed Mar 19, 2014 11:57 pm

Her leave is valid for 33 months. Therefore, she's under the new rules.
She requires another FLR(M) (5 year route) before being eligible for SET(M).
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.

Bheema
Junior Member
Posts: 57
Joined: Wed Apr 18, 2012 11:52 am

Re: ILR Dependents eligibility

Post by Bheema » Tue Mar 25, 2014 8:15 pm

vinny wrote:Her leave is valid for 33 months. Therefore, she's under the new rules.
She requires another FLR(M) (5 year route) before being eligible for SET(M).
Dear Vinne,

From 26 Feb 14 to 25 Nov 16 is only 29 months, how can you say she has got 33 months visa..Can you please confirm? Now Im British Citizen ..As per my understanding on

"Apply to settle in the UK
Start again
1What's your situation?
You're the family member or partner of a British citizen
Change this answer
2Did your family member or partner settle before they became a British citizen?
Yes
Change this answer
3How did they settle?
On a work visa
Change this answer
4What type of work visa did they settle with?
A tier 1, tier 2 or tier 5 visa
Change this answer
You can apply as the partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK
You may be eligible for settlement (‘indefinite leave to remain’) as the partner or child of a person who’s already settled using:

any tier 1 visa except Tier 1 (Graduate Entrepreneur) or Tier 1 (Post-Study Work)
a tier 2 visa
a Tier 5 (International Agreement) visa
If your partner or parent settled in another way, for example because they’d been in the UK for 10 years (‘Long Residence’), you can’t settle because of their work visa. You’ll need to apply to stay in the UK with a person settled in the UK .

Partners are 2 people in a genuine relationship - you must be able to prove 1 of the following:

you’re married
you’re in a civil partnership
you’ve been in a relationship for 2 years
You and your partner must intend to continue your relationship after you apply.

Eligibility for partners
You must have been given a partner visa and been living with your partner in the UK for at least:

2 years if you applied for that visa before 9 July 2012
5 years if you applied for that visa on or after 9 July 2012
When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds
If you’re 18 to 64 years old when you apply, you must also pass:

the Life in the UK Test
an English language test"

She first arrived to UK in Nov 2012

Amber
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Re: ILR Dependents eligibility

Post by Amber » Wed Mar 26, 2014 7:56 am

It's 33 months! New rules.
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