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Spouse of British citizen ILR

Family member & Ancestry immigration; don't post other immigration categories, please!
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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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drprashant
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Can spouse travel on tier 2 visa after my ILR

Post by drprashant » Wed Dec 09, 2015 12:27 pm

I am applying for ILR (after 5 years of tier 2) in January, 2016.
Wife (Dependent Tier 2) came to UK in July 2013- Can't apply for ILR with me.
Will her tier 2 dependent visa be invalidated immediately? Plans to visit India in February. Can she enter in the UK with that visa in March, 2016?

geriatrix
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Re: Can spouse travel on tier 2 visa after my ILR

Post by geriatrix » Wed Dec 09, 2015 1:23 pm

1. No.
2. Yes.
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drprashant
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Wife of a UK citizen on dependent tier 2 visa

Post by drprashant » Tue Apr 19, 2016 7:27 pm

I am a UK citizen now. My wife who came in the UK in July, 2013 is on Dependent Tier 2 General Visa.
Does she have to wait for 5 years to get ILR?
Or she can apply for naturalization immediately now that I am a citizen?

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Casa
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Re: Wife of a UK citizen on dependent tier 2 visa

Post by Casa » Tue Apr 19, 2016 7:36 pm

Your wife will only be able to apply for British citizenship once she has been granted ILR.
(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.

secret.simon
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Re: Wife of a UK citizen on dependent tier 2 visa

Post by secret.simon » Tue Apr 19, 2016 7:39 pm

drprashant wrote:Does she have to wait for 5 years to get ILR?
Yes
drprashant wrote:Or she can apply for naturalization immediately now that I am a citizen?
She can apply for naturalisation immediately after getting ILR, as the spouse of a British citizen. She does not have to wait for a year between ILR and citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

drprashant
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Spouse of British citizen ILR

Post by drprashant » Tue Nov 01, 2016 11:09 am

My case is slightly different.
I obtained ILR in Jan 2016 by 5yr PBS route. My wife entered in the UK in July 2013 and is on Tier 2 PBS dependent visa which expires in March 2017.
1. I guess she needs to apply for FLR (M), right?
2. Will she be eligible for ILR after 5 years of her total stay here (3.5 PBD dependent +1.5 FLR(M))?

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CR001
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Re: Spouse of British citizen ILR

Post by CR001 » Tue Nov 01, 2016 1:03 pm

drprashant wrote:My case is slightly different.
I obtained ILR in Jan 2016 by 5yr PBS route. My wife entered in the UK in July 2013 and is on Tier 2 PBS dependent visa which expires in March 2017.
1. I guess she needs to apply for FLR (M), right? No! She can continue to extend her PBS Dependent visa until she reaches 5 years residence to qualify for ILR. If she switches to FLR(M), she will reset her clock to zero and will have to start again on a new 5 year qualifying period before ILR and will lose the time she has spent as PBS Dependent.

2. Will she be eligible for ILR after 5 years of her total stay here (3.5 PBD dependent +1.5 FLR(M))? No. She needs either 5 years as PBS or 5 years as FLR(M).
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vinny
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Re: Spouse of British citizen ILR

Post by vinny » Tue Nov 01, 2016 1:08 pm

1. No.
2. No.

Edit: beaten by CR001!
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drprashant
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Re: Spouse of British citizen ILR

Post by drprashant » Sat Nov 05, 2016 11:31 am

Thank you CR001 and Vinny.
I am now applying for extension of PBS Dependent Partner visa for my wife. She is on this visa for 3 years and 3 months.
When I was filling form for health surcharge (IHS), it asked me 'When is your spouse's visa expiring?'
Now, my ILR expires in 2024 and with that date, my wife incurred IHS of £1700.
I called UK Visa helpline and they told me to put date of expiry of my last tier 2 visa.
That was March, 2017 and with that my wife is incurring IHS of £100 only.
Which one shall I go for?

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Re: Spouse of British citizen ILR

Post by vinny » Sat Nov 05, 2016 12:06 pm

They may grant leave for 3 years.
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.

drprashant
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Re: Spouse of British citizen ILR

Post by drprashant » Sat Nov 05, 2016 12:38 pm

Thanks Vinny. So she should incur IHS of £600.Right?
But what is a right option for her IHS?
1. Putting my ILR expiry date in year 2024 which would incur IHS of £1700
2. Putting my last Tier 2 General expiry date (March 2017) which would incur IHS of £100

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CR001
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Re: Spouse of British citizen ILR

Post by CR001 » Sat Nov 05, 2016 2:37 pm

She must APPLY ALONE. DO NOT put your details in otherwise you won't get the right amount to pay.
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.

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