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ILR early application date

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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alamiox
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Dependent Partner 5 Year continuous on Tier 4 and Tier 2 combined

Post by alamiox » Thu Apr 11, 2024 4:59 pm

By the time I will be applying for ILR this summer, my dependent partner will have completed 4 years and 6 months as my dependent partner on my current Tier 2 General. But she was also my Dependent Partner for 1 year and 6 months on my previous Tier 4 student visa.

Can she apply with me at the same time? even if she hasn't completed 5 years on the Tier 2 General Partner?

I also have 3 dependent children under 18 that have the same dates as my partner.

Can we all apply at the same time when I am (main applicant) eligible ?

Could you provide some reference from GOV.UK ?

Thanks

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zimba
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Re: Dependent Partner 5 Year continuous on Tier 4 and Tier 2 combined

Post by zimba » Thu Apr 11, 2024 6:40 pm

Yes. There was no difference between PBS dependant routes (No such thing as Tier 2 dependant or Tier 4 dependant etc)
Also, the skilled worker rules also do not care if the routes were even different as long someone was your dependant under any route for 5 years, they can apply for ILR. She can apply with you, so you all better apply together

Paragraph SW 39.1 of the rules: https://www.gov.uk/guidance/immigration ... led-worker
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

alamiox
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Re: Dependent Partner 5 Year continuous on Tier 4 and Tier 2 combined

Post by alamiox » Fri Apr 12, 2024 1:36 am

Thank you very much. Very helpful.

alamiox
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ILR early application date

Post by alamiox » Fri Apr 12, 2024 11:43 am

Hello,

I would like to know if there is any exception or other options that can allow for an earlier application than the standard 28 days.

I will be eligible to apply on the 17/07/2024 (considering the 28 days) but want to apply 03/06/2024 for some personal reasons.

My Tier 2 General visa was issued on 15/08/2019 but I had been in the UK from 25/01/2018 on a Tier 4 Visa and lived continuously in UK since then.

I also have a dependent partner and 3 dependent children under 18, who have been with me on both visas and spent the same continuous residency years. We will all apply together.

Thanks in advance for your insights!

AmazonianX
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Re: ILR early application date

Post by AmazonianX » Fri Apr 12, 2024 11:51 am

alamiox wrote:
Fri Apr 12, 2024 11:43 am
Hello,

I would like to know if there is any exception or other options that can allow for an earlier application than the standard 28 days.

I will be eligible to apply on the 17/07/2024 (considering the 28 days) but want to apply 03/06/2024 for some personal reasons.

My Tier 2 General visa was issued on 15/08/2019 but I had been in the UK from 25/01/2018 on a Tier 4 Visa and lived continuously in UK since then.

I also have a dependent partner and 3 dependent children under 18, who have been with me on both visas and spent the same continuous residency years. We will all apply together.

Thanks in advance for your insights!
See below well prepared guide from @zimba

indefinite-leave-to-remain/ilr-spousal- ... l#p2156953

alamiox
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Posts: 4
Joined: Thu Apr 11, 2024 4:36 pm
United Kingdom

Re: ILR early application date

Post by alamiox » Fri Apr 12, 2024 12:48 pm

alamiox wrote:
Fri Apr 12, 2024 11:43 am
Hello,

I would like to know if there is any exception or other options that can allow for an earlier application than the standard 28 days.

I will be eligible to apply on the 17/07/2024 (considering the 28 days) but want to apply 03/06/2024 for some personal reasons.

My Tier 2 General visa was issued on 15/08/2019 but I had been in the UK from 25/01/2018 on a Tier 4 Visa and lived continuously in UK since then.

I also have a dependent partner and 3 dependent children under 18, who have been with me on both visas and spent the same continuous residency years. We will all apply together.

Thanks in advance for your insights!
I forgot to mention that I will use the priority service for a 1 week quick decision. I have read other responses from @zimba but it still not clear to me. I will be very grateful if I can have some insights on my specific case.

AmazonianX
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Posts: 7830
Joined: Tue Jun 11, 2019 2:09 pm
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Re: ILR early application date

Post by AmazonianX » Fri Apr 12, 2024 1:19 pm

Stating reason why you want to apply way earlier than your qualification date and use priority service can aid I tailoring a more appropriate response for your enquiry.

lolo2
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Re: ILR early application date

Post by lolo2 » Fri Apr 12, 2024 1:38 pm

alamiox wrote:
Fri Apr 12, 2024 11:43 am
I would like to know if there is any exception or other options that can allow for an earlier application than the standard 28 days.
The ILR application can be submitted, pay the fees online, etc before the 5 years-28 days anniversary. The guidance referenced above mentions that the applicant can benefit from this rule if they are within the "5y-28d" qualifying period by the date of the decision.

This means you need to plan everything so that you're within the "5y-28d" qualifying period by the time UKVI process and decide your case, that's 17/07/2024 according to your estimation.

Also consider that a priority service is not guaranteed, both its availability or timeframe. You can get it or not at the time of the application, and even if you get it, the decision may be still delayed.

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