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ILR before 2 years

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mishbha
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Posts: 24
Joined: Wed Mar 16, 2011 7:38 am

ILR before 2 years

Post by mishbha » Fri Oct 21, 2011 10:30 am

Hi All,

I read a couple of posts from Sushdmehta and others on different threads mentioning that a dependant of a Settled person with ILR through Judicial Review need not wait 2 years for ILR. Want to know if this would apply to me. Quite a different situation this is.

I was on my own WP through my company which did not allow me to switch my visa to Dependant. My Husband was on his HSMP and got ILR through Judicial Review in 2010 and now is a British Citizen since September 2011. And I changed my job and moved to Spouse Visa in July 2010. So I was wondering if I can apply for ILR without waiting for 2 years to complete? I have already completed more than 3 years in UK.

Please advise.
Thanks

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: ILR before 2 years

Post by geriatrix » Fri Oct 21, 2011 10:42 am

mishbha wrote:I read a couple of posts from Sushdmehta and others on different threads mentioning that a dependant of a Settled person with ILR through Judicial Review need not wait 2 years for ILR. Want to know if this would apply to me.
Well, the posts that you refer to don't state what you claim.

All those posts state (in effect) that "a dependant of an HSMP migrant covered by HSMP JR are not subject to the "2 year qualifying residential period" to be eligible for settlement as a dependant of such a migrant.

"Dependant of an HSMP migrant covered by HSMP JR" is not same as "spouse of a settled person (who was an HSMP JR protected migrant before being granted settlement)".
mishbha wrote:I was on my own WP through my company which did not allow me to switch my visa to Dependant. My Husband was on his HSMP and got ILR through Judicial Review in 2010 and now is a British Citizen since September 2011. And I changed my job and moved to Spouse Visa in July 2010. So I was wondering if I can apply for ILR without waiting for 2 years to complete? I have already completed more than 3 years in UK.
The earliest you can apply for settlement is July 2012.
Life isn't fair, but you can be!

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