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Spouse Settlement options

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Marriage | Unmarried Partners | Fiancé | Ancestry

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

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goodies901
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Posts: 33
Joined: Sat Apr 09, 2011 12:39 am

Spouse Settlement options

Post by goodies901 » Wed Dec 17, 2014 11:17 pm

Hi,

I'm confused as to how to approach my spouse's situation.
She came to UK in 2006 as PSW dependant and changed to Tier 1 Gen dependant...which is the current permit she's holding. This will expire 20 days before she gets 10 years of long residence in 2016.
I've been on ILR and have my citizenship recently. I'm trying to find the quickest route for her to get her citizenship as well. We also have a child born in the UK who is also 7.5yrs.
As far as I know from my basic understanding of the current rules; she has 3 routes:
1. Wait for April 2016 and apply for ILR on her own right? I believe 20days before 10years might be alright? also not sure if the PSW and PBS period is still counted towards the 10 years. She can then move to citizenship after only a year??
2. Apply as dependency on my British Citizenship now. Is this not going to be a long route for her to get to citzenship?
3. Apply on the basis of family tiers and she has a child over 7 years and other young son. I'm not sure if this rule/provision applies to her situation.

Can someone with knowledge/experience on above help me out?

Thanks friends:)

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse Settlement options

Post by Obie » Thu Dec 18, 2014 12:03 am

On what basis did you obtain your ILR?
Smooth seas do not make skilful sailors

goodies901
Newbie
Posts: 33
Joined: Sat Apr 09, 2011 12:39 am

Re: Spouse Settlement options

Post by goodies901 » Thu Dec 18, 2014 9:11 am

10 years residency.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Spouse Settlement options

Post by vinny » Thu Dec 18, 2014 11:32 am

1. Possible, if not traveling. She may apply for ILR up to 28 days prior to the completion of her 10 years and before her leave expires.
2. FLR(M).
3. FLR(FP).

She requires ILR prior to citizenship.
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.

goodies901
Newbie
Posts: 33
Joined: Sat Apr 09, 2011 12:39 am

Re: Spouse Settlement options

Post by goodies901 » Thu Dec 18, 2014 2:53 pm

Thanks Vinny,

Reference Option 1: so she can't travel for holidays with the current visa? We were planning on a 2 weeks holiday early next year. Her visa expires in 2016.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Spouse Settlement options

Post by vinny » Thu Dec 18, 2014 3:13 pm

She may have problems entering the UK.
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.

goodies901
Newbie
Posts: 33
Joined: Sat Apr 09, 2011 12:39 am

Re: Spouse Settlement options

Post by goodies901 » Thu Dec 18, 2014 11:31 pm

Hi Vinny, can you please elaborate on the "MAY". This is quite worrying for me as I didn't have that idea in mind.
Thanks for the quick responses.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Spouse Settlement options

Post by vinny » Thu Dec 18, 2014 11:34 pm

Please click on any given links for further information.
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.

shahab54
Newly Registered
Posts: 11
Joined: Mon Dec 15, 2014 5:35 pm

Re: Spouse Settlement options

Post by shahab54 » Fri Dec 19, 2014 12:31 pm

Hi
I got my ILR in April, 2013 on long residency.
My wife is living with me in the UK since June 2009 as a work permit dependent and then changed her visa to student dependent in July,2009.
I applied for her extention under FLR M on 27th April, 2013 and she got her visa a month ago under two years route to settlement. (after appealing in the upper tribunal).

My question is can she apply for ILR now? Will her previous time be counted towards qualifying time for settlement?
She was out of the UK from April,2012 to Feb,2013. and after that she is in the UK.



Regards

Thanks in advance.

S

goodies901
Newbie
Posts: 33
Joined: Sat Apr 09, 2011 12:39 am

Re: Spouse Settlement options

Post by goodies901 » Mon Dec 22, 2014 12:47 am

vinny wrote:
Please click on any given links for further information.
Thanks Vinny ... I get it now. The family travel tickets are already booked, so i might have to do Option 2 asap to avoid any issues on our return back into UK post the holidays.

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