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partner ILR query

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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sudhirbph
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Posts: 30
Joined: Sun Nov 22, 2009 6:40 pm

partner ILR query

Post by sudhirbph » Tue Apr 12, 2016 10:27 pm

Hi, I am in need of some advice if anyone could shed some light on.

I got my ILR based on 10yr route (in 2013) then became british citizen in 2014.
My wife joined me in 2010 feb as tier 2 dependent (entry clearance).
she went to india for nearly one year for maternity which was in 2013 feb to 2014 feb
she came back (feb 2014) with our child as a partner of settled person
she has got this visa until end of may this year.
Now, since she first applied for partner visa in 2010 would she qualify for ILR now or because
she had a break in between and got entry clearance from India again does she
have to apply for an extension?

Please advise.
Many thanks in advance.

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Casa
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Re: partner ILR query

Post by Casa » Tue Apr 12, 2016 10:33 pm

Your wife will have to apply for an extension as you applied for your ILR under 10 year long residence...that's apart from the issue of her lengthy absence. She will also have to pay the NHS Surcharge (£200 per year of extension) in addition to the visa fee. You haven't mentioned your child's visa?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sudhirbph
Newbie
Posts: 30
Joined: Sun Nov 22, 2009 6:40 pm

Re: partner ILR query

Post by sudhirbph » Tue Apr 12, 2016 11:26 pm

My son has dependent of settled person visa

geriatrix
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Location: does it matter?
United Kingdom

Re: partner ILR query

Post by geriatrix » Wed Apr 13, 2016 7:03 am

Life isn't fair, but you can be!

sudhirbph
Newbie
Posts: 30
Joined: Sun Nov 22, 2009 6:40 pm

Re: partner ILR query

Post by sudhirbph » Thu May 12, 2016 11:35 am

Not undermining anyone's knowledge here but just updating so the info can help someone else.

Further to this we have approached an immigration solicitor who enquired and found out that my wife is eligible for settlement. We applied yesterday in person and got approved.

Hope this info helps some one else.

vinny
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Re: partner ILR query

Post by vinny » Thu May 12, 2016 12:40 pm

Congratulations! How long was her spouse entry clearance valid for?
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We do not inherit the Earth from our ancestors, we borrow it from our children.

sudhirbph
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Posts: 30
Joined: Sun Nov 22, 2009 6:40 pm

Re: partner ILR query

Post by sudhirbph » Thu May 12, 2016 5:35 pm

30 months

vinny
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Re: partner ILR query

Post by vinny » Thu May 12, 2016 11:58 pm

That's odd. They are norally valid for either 27 or 33 months.
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.

sudhirbph
Newbie
Posts: 30
Joined: Sun Nov 22, 2009 6:40 pm

Re: partner ILR query

Post by sudhirbph » Fri May 13, 2016 12:02 am

20 Aug 13 to 20 may 16
Did not know it was odd.

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