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Applying for ILR. Wife is on a work permit visa. Help Please

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gud
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Applying for ILR. Wife is on a work permit visa. Help Please

Post by gud » Mon Sep 14, 2009 5:49 pm

Hello
I am due for my ILR (Permenent residency) in 6 months time. I got married 4 years ago in India. My wife came to UK on 'Work permit dependent visa (my dependent)' to join me 6 months after the wedding. A year after she had come to UK, she got a job and her employer sponsered her a work permit and she got her own 'workpermit visa'. Now i am wondering if my wife is eligible to apply for ILR along with me or will she be given a temperory visa for 2 years after which she has to apply for ILR?
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vinny
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Post by vinny » Mon Sep 14, 2009 11:16 pm

She could still have worked for her employer when she was on a dependent visa!

If she has current leave as your dependent, then she may apply for ILR at the same time as you, unless you are applying for ILR under Long residence.

Else, after you are granted ILR, she may switch to FLR(M) and subsequently apply for SET(M).
Last edited by vinny on Tue Apr 10, 2012 4:21 am, edited 1 time in total.
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.
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gud
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Post by gud » Tue Sep 15, 2009 10:34 am

thank you very much. Can she now switch her visa to 'workpermit dependent'(my dependent) and apply for ILR along with me in 6 months time when i am due?
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vinny
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Post by vinny » Tue Sep 15, 2009 10:58 am

Normally, she cannot switch and would have to apply for entry clearance as your work permit dependant.

However, as she has been a work permit dependant previously, perhaps you can ask the UKBA if they can use discretion and allow her to switch. Preferably, get an affirmative answer in writing before attempting to switch.
Last edited by vinny on Tue Apr 10, 2012 4:26 am, edited 1 time in total.
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.
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gud
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Post by gud » Tue Sep 15, 2009 10:18 pm

Thank your very much for your replies. we are going home(india) any way in 5 months time(holiday). Could she apply for visa as my dependent (Work permit dependent)(entry clearance) in India, and come back to UK, and apply for ILR along with my application immediately?
Thank you.
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vinny
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Post by vinny » Tue Sep 15, 2009 11:23 pm

That should be possible (196E). Make sure that you satisfy the requirements for ILR (134). You should return to the UK and apply for ILR before your leave expires.

KOL required both ILR applicants.
Last edited by vinny on Tue Apr 10, 2012 4:29 am, edited 1 time in total.
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.
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gud
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Joined: Mon Sep 14, 2009 5:37 pm

Post by gud » Wed Sep 16, 2009 9:06 am

My work permit visa expires in June 2012 any way (However i can apply for ILR in 5 months time). Looking at what you said, it is more practical and cheaper (fees) for me to get my wife to apply for work permit dependent visa (my dependent) back home in India, when we go home in 5 months time for a holiday, and come back to UK and apply for ILR together. Does this seem practicable?
Thank you very much.
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vinny
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Post by vinny » Wed Sep 16, 2009 9:24 am

Why is it that your work permit is expiring in June 2012?
What's your immigration history?
On what basis will you be applying for ILR?
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.
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gud
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Joined: Mon Sep 14, 2009 5:37 pm

Post by gud » Wed Sep 16, 2009 10:33 am

I came to UK in oct 2002 as a student. I had my 1st work permit visa in 2005 valid for 2 years. Towards the end of the expiry of my 1st work permit, my employer then extended my work permit for another 5 years, and my 2nd work permit visa(extension) is valid until 2012.
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vinny
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Post by vinny » Wed Sep 16, 2009 10:26 pm

gud wrote:My work permit visa expires in June 2012 any way (However i can apply for ILR in 5 months time). Looking at what you said, it is more practical and cheaper (fees) for me to get my wife to apply for work permit dependent visa (my dependent) back home in India, when we go home in 5 months time for a holiday, and come back to UK and apply for ILR together. Does this seem practicable?
Thank you very much.
Looks possible.
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.
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gud
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Joined: Mon Sep 14, 2009 5:37 pm

Post by gud » Thu Sep 17, 2009 7:32 am

Thank you very much for your kind help
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