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Wife eligibility for ILR

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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namalik
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Wife eligibility for ILR

Post by namalik » Sat Jun 02, 2018 3:37 pm

Hi all,

I will be applying for my ILR this December on 10 years basis and I would be very grateful if you could advise me regarding my wife’s visa. She came to UK on student visa 5 years ago then she moved to tier 2 dependent visa 3 years ago. What’s is the best option for her to get ILR. I’m aware about FLRM and just wanted to know is that the only option she has.

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dontringthebell
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Re: Wife eligibility for ILR

Post by dontringthebell » Sat Jun 02, 2018 7:34 pm

Best is to continue as PBS dependent until she completes 5 years and then apply.
Don't misconstrue my views for professional immigration advice, just trying to give back to a community that helped me through my journey.

WP-> HSMP-> Tier 2G D-> ILR-> BC-> OCI

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CR001
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Re: Wife eligibility for ILR

Post by CR001 » Sat Jun 02, 2018 7:47 pm

dontringthebell wrote:
Sat Jun 02, 2018 7:34 pm
Best is to continue as PBS dependent until she completes 5 years and then apply.
Kindly refrain from giving incorrect advice. A PBS Dependent is unable to apply for ILR based on 5 years PBS Dependent if the main PBS migrant has obtained ILR based on long residence.

OPs wife will also NOT be able to extend their PBS Dependent visa in this case and must switch to FLR(M) before their current visa expires.
Char (CR001 not Casa)
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namalik
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Re: Wife eligibility for ILR

Post by namalik » Sun Jun 03, 2018 5:08 pm

Dear members

Thank very much for clarifying this. As she spent nearly 6 years here is there any other option for her to go for ilr long resident basis in 4 years time. Applying for FLRM will reset her time and she will have spend another 5years to get ILR. Please can members advise me any other options for her to spend another 4 years in uk rather than going for FLRM

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Casa
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Re: Wife eligibility for ILR

Post by Casa » Sun Jun 03, 2018 5:13 pm

namalik wrote:
Sun Jun 03, 2018 5:08 pm
Dear members

Thank very much for clarifying this. As she spent nearly 6 years here is there any other option for her to go for ilr long resident basis in 4 years time. Applying for FLRM will reset her time and she will have spend another 5years to get ILR. Please can members advise me any other options for her to spend another 4 years in uk rather than going for FLRM
As CR001 has already advised, she has no other option than to apply for FLR(M). However, she will be able to combine her previous 6 years and apply for ILR once she reaches 10 years under long residence.
(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.

namalik
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Re: Wife eligibility for ILR

Post by namalik » Sun Jun 03, 2018 9:45 pm

I thought once she get FLRM her clock get reset. Can she count FLRM time towards 10 years.

Yes.

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Casa
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Re: Wife eligibility for ILR

Post by Casa » Mon Jun 04, 2018 12:41 am

namalik wrote:
Sun Jun 03, 2018 9:45 pm
I thought once she get FLRM her clock get reset. Can she count FLRM time towards 10 years.
Yes
(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.

vinny
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Re: Wife eligibility for ILR

Post by vinny » Mon Jun 04, 2018 3:08 am

If you apply for ILR under PBS, then your wife may apply for ILR as a PBS dependant under 319E when eligible.
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