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Help with long leave to remain application scenarios

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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ashoknaglikar
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Wife eligibility on 10 year route with 2 months gap

Post by ashoknaglikar » Tue Feb 27, 2024 3:14 am

My wife entered the UK in December 2014 as a PBS dependent and has been residing in the UK with me since then. However, due to post-pregnancy and baby health issues in India, she had a gap of 2 months when she was in India. Her visa expired in February 2019, and she re-entered the UK in May 2019 with our baby on a new dependent visa.

She has been on a dependent/spouse visa, while I obtained my visa using the 10-year route. Can someone guide me if she can apply for ILR through the 10-year route this December 2024, despite the 2-month break in her visa?

Thank you.

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zimba
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Re: Wife eligibility on 10 year route with 2 months gap

Post by zimba » Tue Feb 27, 2024 4:19 am

If she left while holding a valid visa and then returned within 6 months, then her continuous residence period remains intact
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vinny
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Re: Wife eligibility on 10 year route with 2 months gap

Post by vinny » Tue Feb 27, 2024 4:25 am

She may be okay, if similar to 7.2 Example 2.
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ashoknaglikar
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Help with long leave to remain application scenarios

Post by ashoknaglikar » Thu Jun 20, 2024 8:07 pm

My wife and kids' visas presently expire on December 24. My wife is eligible for the 10-year route long leave to remain for ILR in November. I have a child who was born in India and technically he will be eligible to apply for ILR along with his mother (my wife). However, my wife's application is not straightforward, so there are chances that her application might get rejected. Can I apply for one ILR application with priority decision only for my wife in November without my child's application? Once I know the outcome of my wife's application, can I just apply for my child's ILR or FLR? I don't want to apply for both and waste money if they get rejected. Any suggestions on how we can proceed would be helpful. Thank you.

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CR001
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Re: Help with long leave to remain application scenarios

Post by CR001 » Thu Jun 20, 2024 8:14 pm

Topics merged!!

Why do you think it is not straightforward and will be refused (rejected is different to refused)?? You have already been advised on the 2 month gap issue!!

Note also that you cannot include dependents on the SET LR Long Residence ILR form, the route doesn't permit that.

Also note that Priority service is not available for long residence ILR. You only have the option of standard or Super Priority (if available) and super priority is not guaranteed.
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