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ILR via dependent visa

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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lin
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Posts: 33
Joined: Wed Dec 02, 2009 7:20 pm

ILR via dependent visa

Post by lin » Wed Dec 02, 2009 8:18 pm

Hi all,

Hope somebody here can shed some light to my confusion on these.

Me and my spouse had been living in the UK since Apr 2004 under the combination of WHM, Student, PSW where I am the main applicant and my spouse is the dependent.

We seriously hoping to stay here permanently as we bought a flat here 3 years ago and going back home means starting everything all over again. Both of us 30 years old, hold masters degree, in fulltime employment earning 18k p.a. each, unfortunately neither can switch via HSMP or Sponsored Skilled.

I realized that because my visa is not permanent, thus the only way to go is ILR 10 years long residency, but that will means further education again. However, I heard somewhere (not sure whether it's true) that there is a loophole (not sure whether human rights) where my spouse can apply for settlements after 5 years stay via his dependent visa.

Any ideas/suggestions?

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Wed Dec 02, 2009 8:21 pm

However, I heard somewhere (not sure whether it's true) that there is a loophole (not sure whether human rights) where my spouse can apply for settlements after 5 years stay via his dependent visa.
Not true I am afraid.

You should look at Tier 2.

lin
Newbie
Posts: 33
Joined: Wed Dec 02, 2009 7:20 pm

Post by lin » Wed Dec 02, 2009 9:36 pm

Thx for the info, guru - to be honest im gutted :cry:

I am going to approach my employer for COS on the combination of one fulltime job, plus 2 other part time seasonal job with them to meet £20k requirements for PBS. FYI, I hold masters degree, switching from PSW and as I have been working there for 5 years, I assumed that my employer can bypass resident labour market test too.

My major concerns are UKBA code of practice i.e. which will be nearest match to my jobs and appropriate national average salary.

student adviser £17.5k p.a.
exam invigilator £1k p.a.
telephone adviser for careers service £2k p.a.

Should i look in Section P - Education or section N - Administrative and Support Service, any ideas/suggestions?

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Wed Dec 02, 2009 11:23 pm

You can only have a COS for one post I thought.

The salary seems low, is it a private college for overseas students?

The thing is, although you have been in the UK since 2004, none of the categories are ones leading directly to settlement. There will always be students and so on who are unable to find a suitable application to stay in the UK permanently.

lin
Newbie
Posts: 33
Joined: Wed Dec 02, 2009 7:20 pm

Post by lin » Fri Dec 04, 2009 7:54 pm

i work in the uni, internal progression is not good - proposed redundancies by feb 10... job market is not helping either, guess i got to start packing my bags by easter nxt yr :cry:

its just a shame that we are pretty stable here - never recourse to public funds, paid taxes for the past 5 years with total income of £35k, bought a flat etc does not make any different :roll:

im thinking to use solicitor or trade union to help my case, but it looks bleak now :?

SAKSHI007
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Posts: 45
Joined: Sat Apr 11, 2009 4:00 pm
Location: london
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Post by SAKSHI007 » Thu Dec 10, 2009 8:20 pm

lin wrote:i work in the uni, internal progression is not good - proposed redundancies by feb 10... job market is not helping either, guess i got to start packing my bags by easter nxt yr :cry:

its just a shame that we are pretty stable here - never recourse to public funds, paid taxes for the past 5 years with total income of £35k, bought a flat etc does not make any different :roll:

im thinking to use solicitor or trade union to help my case, but it looks bleak now :?
there are other obtions aswell

lin
Newbie
Posts: 33
Joined: Wed Dec 02, 2009 7:20 pm

Post by lin » Thu Dec 10, 2009 9:25 pm

what do you mean sakshi?

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