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ILR based on 10 years and partner's 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

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saurya_s
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Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

ILR based on 10 years and partner's ILR

Post by saurya_s » Tue Oct 27, 2009 2:10 am

Hi all,
My partner and I are on Tier one that will expire in 2012. I have completed 10 years, and was thinking of applying for ILR based on 10 years of legal residency. My partner (dependant on me) completes 10 year in Feb 2010. So, does it mean if I get ILR now, she has to switch to FLR(M) or she could stay on Tier 1 to complete 10 years and apply for ILR - without being unlawful (for ILR based on 10 years of lawful residency).
Thanks
S
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Oct 27, 2009 3:51 am

This seems to be inconsistent with your previous post.

If partner is on Tier 1 (General) then partner has a choice of remaining on Tier 1 (General) or switching.
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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saurya_s
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Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

Post by saurya_s » Tue Oct 27, 2009 6:52 am

Sorry Vinny, the partner is dependant on me and I have Tier 1 visa.
Thanks
S
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Oct 27, 2009 11:21 am

If partner has a dependant leave to enter/remain, then partner should switch to FLR(M).
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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saurya_s
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Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

Post by saurya_s » Tue Oct 27, 2009 11:28 am

Hi Vinny,
So if I get ILR in Dec 2009, my partner need to switch to FLR(M) immediately? She will complete her 10 years in 2 months time in Feb 2010 and be eligible for ILR based on 10 years. If we apply for FLR(M) during that period her FLR(M) application won't be even processed by Feb 2010?
Thanks
S
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Oct 27, 2009 11:51 am

She may apply for SET(O) no sooner than 28 days before she qualifies under long residence and before her leave expires. When will her leave expire?
Last edited by vinny on Tue Oct 27, 2009 11:55 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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saurya_s
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Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

Post by saurya_s » Tue Oct 27, 2009 11:54 am

vinny wrote:She may apply for SET(O) no sooner than 28 days before she qualifies under long residence and before her leave expires.
Vinny,
So she can stay on Tier 1 and apply for ILR based on 10 years in feb 2010?

'before her leave expires'- what leave she should be - FLR(M) or Tier 1 in February before applying for ILR?
Thanks
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vinny
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Post by vinny » Tue Oct 27, 2009 12:10 pm

vinny wrote:This seems to be inconsistent with your previous post.

If partner is on Tier 1 (General) then partner has a choice of remaining on Tier 1 (General) or switching.
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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saurya_s
Member
Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

Post by saurya_s » Tue Oct 27, 2009 12:14 pm

Apologies Vinny,
I meant dependent on my Tier 1 visa that I had before switching to ILR.

Vinny,
So she can stay as dependent (on on my Tier 1 visa that I had before switching to ILR) and apply for ILR based on 10 years in feb 2010?

'before her leave expires'- what leave she should be - FLR(M) or Tier 1 in February before applying for ILR?
Thanks
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vinny
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Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Oct 27, 2009 12:21 pm

What leave does she currently have?
When will it expire?
When will she qualify under long residence?
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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saurya_s
Member
Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

Post by saurya_s » Tue Oct 27, 2009 12:32 pm

vinny wrote:What leave does she currently have?
-Currently as dependent on my Tier 1 visa. I will apply for ILR based on 10 years by end of December.
When will it expire?
-Tier 1 dependent visa will expire in Dec 2012
When will she qualify under long residence?
-Feb 2010
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John
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Location: Birmingham, England
United Kingdom

Post by John » Tue Oct 27, 2009 1:56 pm

I have completed 10 years, and was thinking of applying for ILR based on 10 years of legal residency. My partner (dependant on me) completes 10 year in Feb 2010.
You no doubt appreciate that a 10-year application can be made any time after 28 days before the completion of the 10-year period. So isn't the solution to your little problem quite simple? You hold back on making your 10-year ILR application, until your partner also qualifies under the 10-year heading.

We would be talking about just 2 or 3 months delay for you.

Simply, submit the 10-year applications together! Have you both passed the Life in the UK Citizenship test?
John
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saurya_s
Member
Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

Post by saurya_s » Tue Oct 27, 2009 2:00 pm

John,
I do agree with you but have a look at this post- particularly point 3. If my application gets stuck, it will take 3 months anyway. That is why I am asking this question:


Hi all,
I applied for ILR based on 10 years through a solicitor for the same day service. The home office did not see one of my visa and the legal rep of the solicitor was told that I didn't have valid visa for a small period.The solicitor phoned me and I drew his attention to the appropriate visa on my passport and the page number. The solicitor faxed the letter to home office and the home office did acknowledge my application was valid but they need to do more enquiries (possibly standard reply). I have withdrawn my application as I need to be on a business trip. Now my questions are:

1. Should I apply through premium service again? I am sure Home office must have written in their record that what enquiries they need to make and that I withdrew the application. I really feel solicitor was useless except for getting me an appointment and the case worker was negligent in his job if he can not see obvious visa on the passport.

2. Should I cite this in my subsequent application?

3. If I apply through post, when do they grant the ILR- the day the process the application or the day I applied? I gathered it takes them 3-4 months for them to process the application if applied through post.

4. Once the application is not successful on the same day, how long does it take to be processed?

Thanks guys.
Much obliged
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