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Is my wife eligible for ILR. If not then when?

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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jaina00
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Is my wife eligible for ILR. If not then when?

Post by jaina00 » Thu Jun 25, 2015 6:21 pm

Hello all,

I am very confused on whether my wife is eligible for ILR or not.
She came to UK in April 2011. I got my ILR in Dec 2012.
She got a visa extension in Mar 2013 till Sept 2015.
My understanding was she will get her ILR in April 2016.

But I read some forums where it says she has to wait for 5 years after Mar 2013.

Please guide me and thanks for your help.

Regards

Abhishek

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CR001
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Re: Is my wife eligible for ILR. If not then when?

Post by CR001 » Thu Jun 25, 2015 7:38 pm

What is her visa category?

Through what route did you get ILR?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

jaina00
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Posts: 3
Joined: Thu Jun 25, 2015 6:03 pm

Re: Is my wife eligible for ILR. If not then when?

Post by jaina00 » Fri Jun 26, 2015 9:51 am

Hi,

I got my ILR through tier 1 route.
She came to UK as a Tier 1 dependant.

Regards

rukmesh
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Location: Ashford, Surrey
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Re: Is my wife eligible for ILR. If not then when?

Post by rukmesh » Fri Jun 26, 2015 9:57 am

If she came in April 2011 on a Tier 1 Dependent visa then she has been eligible ever since April 2013.

Tier 1 Dependents who applied after 9th July 2012 have to wait for 5 years and in your case she just had to wait for 2 years which is already over in April 2013 :)

Good luck

jaina00
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Posts: 3
Joined: Thu Jun 25, 2015 6:03 pm

Re: Is my wife eligible for ILR. If not then when?

Post by jaina00 » Fri Jun 26, 2015 10:05 am

Hi,

But when her visa was extended in Mar-13, we received a letter from UKBA saying that she is given a 30 months visa.
And after 60 months she is eligible for ILR.

So is UKBA wrong in saying that. Or if they are right would she be eligible for ILR in Mar-18, nearly 8 years after she first came to UK.

Regards

rukmesh
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Posts: 133
Joined: Mon Apr 29, 2013 4:09 pm
Location: Ashford, Surrey
Contact:
United Kingdom

Re: Is my wife eligible for ILR. If not then when?

Post by rukmesh » Fri Jun 26, 2015 11:00 am

It appears that while applying for her extension, you filled up a different form. You are now given a different visa and this has reset the clock for your wife and she now has to wait for 5 years.

Do you remember which form did you fill while applying for her extension ? Further answer would depend on your answer..

Seniors/gurus could suggest something.

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