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ILR eligibility for dependent need help

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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fasaal
Member
Posts: 108
Joined: Sat Jun 08, 2013 9:19 pm
Location: newcastle

ILR eligibility for dependent need help

Post by fasaal » Tue Apr 01, 2014 11:35 am

hiya.

I got my ILR 2 days ago on the basis of 10 yrs (8 yrs student+ 2 yrs PSW). my wife joined me on april-2010 as an student dependent then got leave to remain as an PSW dependent. She also applied FLR(M) with me when I applied for my ILR. Today I got her passport & documents bk with a letter from HO that her BRP sent separately. I hope we'll get BRP today or tomorrow:).

Now my question is:-

1. Is she eligible now to apply ILR any time ?
2. what form she need to fill for ILR?
3. what documents need to require ?
4. any other requirement ?


plz reply me ASAP coz I m very much worry abt rules changing on 6th april

Thanks

fasaal

vinny
Moderator
Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR eligibility for dependent need help

Post by vinny » Tue Apr 01, 2014 2:00 pm

1. Yes.
2. SET(M).
3 & 4. See the form SET(M) (2 year route).

As they have granted her FLR(M), the changes on 6th April 2014 shouldn't affect her.
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nadeem toheed
Member
Posts: 140
Joined: Sat Jan 19, 2013 2:48 pm

Re: ILR eligibility for dependent need help

Post by nadeem toheed » Tue Apr 01, 2014 6:59 pm

Hi, i got that reply from HO last year

Dear Home Office

Could you please clarify one thing for me?

I got ILR under ten years long residency in June 2013 and my wife came very first time in UK in March 2006 as a student dependent. Now we got spouse visa on 02nd September, 2013 for 02 years (Pre July rules, probationary 02 years periods).

The question is, my spouse had spent approximately 06 years as a student dependent (from March, 2006 to June, 2012) and 15 months on Tier 1 (PSW dependent).
When she can apply for ILR? Immediately or still need for 09 months more?

Thanks for your help
Nadeem
(Home Office Replied)

Dear Sir,
Thank you for your email dated 3 September 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.
Please be advised that your dependant spouse would need to complete two years in the UK and can amalgamate her PBS leave together with any time spent under FLR(M) to make up the two years before applying for Indefinite Leave to Remain(ILR). Based on the information you have provided, if she has completed 15 months as the dependant of a Post Study Work migrant, she would need to complete an additional 9 months in the spouse category to achieve the required 24 months qualifying period for ILR. Time spent as a dependant of a student cannot be included.

For more information, please visit the Home Office website at:http://www.ukba.homeoffice.gov.uk/polic ... -8-app-fm/

Yours faithfully,
Edward Henry
UK Visa & Immigration

suryavaddi
Member
Posts: 109
Joined: Sat Feb 04, 2012 4:54 pm
Location: Northampton

Re: ILR eligibility for dependent need help

Post by suryavaddi » Wed Apr 02, 2014 12:03 pm

nadeem toheed wrote:Hi, i got that reply from HO last year

Dear Home Office

Could you please clarify one thing for me?

I got ILR under ten years long residency in June 2013 and my wife came very first time in UK in March 2006 as a student dependent. Now we got spouse visa on 02nd September, 2013 for 02 years (Pre July rules, probationary 02 years periods).

The question is, my spouse had spent approximately 06 years as a student dependent (from March, 2006 to June, 2012) and 15 months on Tier 1 (PSW dependent).
When she can apply for ILR? Immediately or still need for 09 months more?

Thanks for your help
Nadeem
(Home Office Replied)

Dear Sir,
Thank you for your email dated 3 September 2013. Your enquiry has been forwarded to Home Office Public Enquiries because it is not a policy enquiry.
Please be advised that your dependant spouse would need to complete two years in the UK and can amalgamate her PBS leave together with any time spent under FLR(M) to make up the two years before applying for Indefinite Leave to Remain(ILR). Based on the information you have provided, if she has completed 15 months as the dependant of a Post Study Work migrant, she would need to complete an additional 9 months in the spouse category to achieve the required 24 months qualifying period for ILR. Time spent as a dependant of a student cannot be included.

For more information, please visit the Home Office website at:http://www.ukba.homeoffice.gov.uk/polic ... -8-app-fm/

Yours faithfully,
Edward Henry
UK Visa & Immigration
Hi nadeem,

Could you please post that home office contact email id. Just mentioned that your wife got spouse visa on 02nd September, 2013 for 02 years. Is it based on FLR(M)?
Surya

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