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dsingh2020
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by dsingh2020 » Sun May 31, 2020 12:18 pm
Immigration history:
My wife came to UK under Tier 4 student visa in March 2010. We got married in August 2010. At this time I was also on a Tier 4 visa. In October 2012 my visa application was rejected and I had to go back to India. I came back on Tier 4 visa in May 2013. All this time my wife remained in the UK under Tier 4 visa and then Post Study Work visa. In 2015 she switched to a Tier 4 visa. In 2018, I switched to a Tier 2 visa and and my wife to a Tier 2 dependant visa. We have two kids born in the UK in 2012 and 2016 who are also currently Tier 2 dependants. Our current visas run out at the end of January 2021.
So my question is that is my wife eligible for applying for ILR(Long residence) as she has been in the UK legally for 10 years? Does her being on a dependant visa cause any difficulties/problems?
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CR001
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by CR001 » Sun May 31, 2020 12:21 pm
So my question is that is my wife eligible for applying for ILR(Long residence) as she has been in the UK legally for 10 years?
Yes if she meets all the requirements.
Does her being on a dependant visa cause any difficulties/problems?
No, why would it??
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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dsingh2020
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by dsingh2020 » Sun May 31, 2020 12:24 pm
Thanks for your reply. I was asking because I am the main visa holder but I am not eligible for ILR yet. So I was checking if it matters that she applies on her own.
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CR001
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by CR001 » Sun May 31, 2020 12:26 pm
Long residence ilr has NO concept of dependent. Each person applying must meet the requirement individually and independently, regardless of visas held.
Char (CR001 not Casa)
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dsingh2020
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by dsingh2020 » Sat Jun 06, 2020 7:08 pm
Hi,
My wife is applying for ILR based on 10 years long residence. I am not eligible for ILR yet (I am on a Tier 2 visa for the last 3 years) so she is applying alone. We have two kids born in the UK in 2012 and 2016. Our current visas are valid till jan 2021. Please can someone guide me if my wife's ILR application is successful, then are the children eligible to apply for British citizenship based on them being born in the UK and the mother has a settled status?
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CR001
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by CR001 » Sat Jun 06, 2020 7:11 pm
then are the children eligible to apply for British citizenship based on them being born in the UK and the mother has a settled status?
Yes.
Char (CR001 not Casa)
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dsingh2020
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by dsingh2020 » Sat Jun 06, 2020 7:37 pm
Thanks CR001
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dsingh2020
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by dsingh2020 » Sat Oct 10, 2020 10:54 am
My wife has got ILR recently based on long residence. We have two children born in the UK. We are going to apply for British citizentship for them. Now I am thinking about options for me. I am currently on Tier 2 General visa until end of January 2021. My current work contract ends on 15 January 2021. My employer hasn't decided yet if the contract will be extended so I am looking for a new job now for extending my stay as Tier 2 visa.
Not sure how long it will take to find another job. I am wondering if it is better to apply for FLR(M) instead to satisfy the salary requirement before my current employment contract runs out ? And does it matter that the contract ends soon?
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alex132
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by alex132 » Sat Oct 10, 2020 11:30 am
what is FLR(M)?
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dsingh2020
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by dsingh2020 » Sat Oct 10, 2020 11:37 am
Further Leave to Remain as a partner or dependant child of a settled person or British citizen
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secret.simon
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by secret.simon » Sat Oct 10, 2020 11:49 am
Keep in mind that if you switch to FLR(M), your years on Tier 2 will not count for the purposes of ILR.
You will need five years on FLR(M) before qualifying for ILR.
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.
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alex132
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by alex132 » Sat Oct 10, 2020 11:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
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AmazonianX
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by AmazonianX » Sat Oct 10, 2020 11:54 am
alex132 wrote: ↑Sat Oct 10, 2020 11:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
Will take the (M) to mean Marriage- for those on spouse route
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CR001
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by CR001 » Sat Oct 10, 2020 11:54 am
alex132 wrote: ↑Sat Oct 10, 2020 11:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
Why are you posting on a topic in the NON PBS family migration forum about a visa that has absolutely nothing to do with your newly granted tier 2 general visa???
Char (CR001 not Casa)
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dsingh2020
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by dsingh2020 » Sat Oct 10, 2020 11:55 am
alex132 wrote: ↑Sat Oct 10, 2020 11:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
I think it means Marriage.
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CR001
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by CR001 » Sat Oct 10, 2020 11:55 am
dsingh2020 wrote: ↑Sat Oct 10, 2020 11:55 am
alex132 wrote: ↑Sat Oct 10, 2020 11:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
I think it means Marriage.
It doesn't as the same form is relevent to unmarried partners.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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secret.simon
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by secret.simon » Sat Oct 10, 2020 11:57 am
alex132 wrote: ↑Sat Oct 10, 2020 11:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
Possibly "
Matrimonial"?
EDIT: Overtaken by
AmazonianX and
CR001.
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.
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dsingh2020
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by dsingh2020 » Sat Oct 10, 2020 11:58 am
secret.simon wrote: ↑Sat Oct 10, 2020 11:49 am
Keep in mind that if you switch to FLR(M), your years on Tier 2 will not count for the purposes of ILR.
You will need five years on FLR(M) before qualifying for ILR.
I will complete my 10 years in 2.5 years. Am I still able to get ILR based on long residence?
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CR001
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by CR001 » Sat Oct 10, 2020 11:58 am
dsingh2020 wrote: ↑Sat Oct 10, 2020 11:58 am
secret.simon wrote: ↑Sat Oct 10, 2020 11:49 am
Keep in mind that if you switch to FLR(M), your years on Tier 2 will not count for the purposes of ILR.
You will need five years on FLR(M) before qualifying for ILR.
I will complete my 10 years in 2.5 years. Am I still able to get ILR based on long residence?
All visas count for ilr based on residence, provided you meet all the long residence ILR requirements.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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dsingh2020
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by dsingh2020 » Sat Oct 10, 2020 12:10 pm
Thanks for the clarification CR001.
My wife is unemployed so I am relying on only my salary to satify the financial requirement. My current job contract ends on 15 January 2021. Do they take this into consideration when checking the financial requirement?
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secret.simon
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by secret.simon » Sat Oct 10, 2020 12:49 pm
dsingh2020 wrote: ↑Sat Oct 10, 2020 11:58 am
I will complete my 10 years in 2.5 years. Am I still able to get ILR based on long residence?
Assuming your other absences are in control and you meet other requirements, you may be able to apply based on Long Residence on or
after May 2023.
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.
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vinny
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by vinny » Sat Oct 10, 2020 5:15 pm
dsingh2020 wrote: ↑Sat Oct 10, 2020 12:10 pm
Thanks for the clarification CR001.
My wife is unemployed so I am relying on only my salary to satify the financial requirement. My current job contract ends on 15 January 2021. Do they take this into consideration when checking the financial requirement?
1
(c) The employment or self employment income of an applicant will be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM, or where paragraph 21A of this Appendix so permits).
“
and working legally” is in the present tense and implies must be working.
They will
consider your salary if you are employed on the date of the application and possibly also on the date of the decision.
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.
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dsingh2020
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by dsingh2020 » Sat Oct 10, 2020 10:57 pm
Thanks secret.simon and vinny for your advice.
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dsingh2020
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by dsingh2020 » Fri Oct 16, 2020 2:31 pm
My wife applied for ILR based on 10 years long residence. She was on a PBS depedant visa before. We have received the BRP card today.
On the card, under remarks it says "indefinite leave to remain outside rules".
1. Has anyone else had similar remark? I mean "outside rules" part.
2. Does this affect any family members applications? Kids are applying for british citizenship because they were born in the UK. I am applying for FLR(M)
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vinny
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by vinny » Fri Oct 16, 2020 2:54 pm
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.