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Query about Dependent Applying for 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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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sameer_77
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Posts: 13
Joined: Sat Jan 29, 2011 6:06 am

Query about Dependent Applying for ILR

Post by sameer_77 » Sat Jan 29, 2011 7:03 am

I am on Tier 1 visa and will be applying of ILR in 2012. My wife stayed in UK for 1 and half year and then she with my child(born in UK) went back home. Both are on tier-1 dependent visa.


I am planning to bring my wife and child to UK near the time when I will be applying for ILR.

Can someone tell that will there be any problem for my wife and child to get ILR. I have heard that Dependent has to live 2 years to be eligible for applying ILR.

Thanks in advance.
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vinny
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Posts: 33327
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Jan 29, 2011 7:32 am

sameer_77 wrote: I have heard that Dependent has to live 2 years to be eligible for applying ILR.
That's correct.
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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ukmigrant2011
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Posts: 47
Joined: Sat Jan 15, 2011 11:25 pm

Post by ukmigrant2011 » Sat Jan 29, 2011 6:08 pm

Dear Vinny,

What does it mean ? Partner should physically present with the applicant in UK for 2 years (OR) the partner should have entered UK as dependant ? I am in the same situation, my partner came to UK two years back but she was in my home contry for 6 months in between. Will that be fine ?
Cheers.
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xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Sat Jan 29, 2011 7:40 pm

ukmigrant2011 wrote:Dear Vinny,

What does it mean ? Partner should physically present with the applicant in UK for 2 years (OR) the partner should have entered UK as dependant ? I am in the same situation, my partner came to UK two years back but she was in my home contry for 6 months in between. Will that be fine ?
Cheers.
You should be ok if it is SET(o). As SET(o) form doesnt ask for absences of dependent so there is no direct way for home office to know that your partner was absent for 6 months.

not 100% sure if applying under SET(M) but i think its ok.
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geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sat Jan 29, 2011 11:37 pm

xyz123 wrote:there is no direct way for home office to know that your partner was absent for 6 months.
Stamps in the passport (if not UK, then the country coming from / travelling to), arrival date mentioned on landing cards, advanced passenger information system (e-borders) records, etc.

Not commenting on affect of the absence but responding to the assertion that UKBA will not know / cannot find out about the absence.


regards
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pcb_in
Newbie
Posts: 42
Joined: Sat Sep 30, 2006 8:12 pm
Location: India

Post by pcb_in » Mon Jan 31, 2011 1:02 am

Hi,
I was also going through the policy document section 277 onward. Though I could not understands so many points clearly, but I think there is no mention of continuous stay of two years for spouse but he/she should have got visa of 2 years and two years period is expired or got further extension. This is to make sure that marriage/living together agreement is 2 years or more. My understanding might be wrong.
Best Regards
pc
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