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Dependent ILR- need information

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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Somudro
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Dependent ILR- need information

Post by Somudro » Thu Jan 05, 2012 12:41 pm

A dependant partner of a points-based system migrant who completes two years in the UK in that capacity and before their sponsor is granted ILR, can apply for ILR at the same time as the sponsor i.e. the dependant partner can apply for ILR under 319E.

Is there any reference/link of this point? Where can I get the information?

vinny
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Post by vinny » Thu Jan 05, 2012 1:51 pm

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.

Somudro
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Post by Somudro » Thu Jan 05, 2012 2:47 pm

vinny wrote:319E
Thanks vinny.

Currently, I am in Tier-1 (G) visa. My wife is in Tier-1 (G) Dependent visa for more than 2 years. I shall be eiligibe for ILR based on 10 years long stay soon.


I am planning to apply for ILR based on 10 Years. Question is:

Q:- will the dependent (wife) be eligible for ILR after getting my ILR?

Somudro
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Post by Somudro » Fri Jan 06, 2012 10:06 am

Please help!

Greenie
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United Kingdom

Post by Greenie » Fri Jan 06, 2012 5:22 pm

Somudro wrote:
vinny wrote:319E
Thanks vinny.

Currently, I am in Tier-1 (G) visa. My wife is in Tier-1 (G) Dependent visa for more than 2 years. I shall be eiligibe for ILR based on 10 years long stay soon.


I am planning to apply for ILR based on 10 Years. Question is:

Q:- will the dependent (wife) be eligible for ILR after getting my ILR?
No - if you apply under the 10 year rule then your wife will not be able to apply at the same time as you, hence, once you are granted ILR under the 10 year rule, your wife would need to apply for further leave to remain as the spouse of a settled person before then applying for ILR as the spouse of a settled person. She can't apply for ILR straight from her Tier 1 dependent visa unless you are applying for ILR as a Tier 1 migrant and she is applying at the same time as you.

mithun
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Work Permit Holder

Post by mithun » Sat Jan 07, 2012 12:39 pm

HI Guys

I am planning to apply for ILR after 5 years on work permit. My wife has been on dependant visa for 1 yr and 9 mnths. previously she was on student visa. Can she apply with me as we've been married for over 3 yrs and have cohabitation documents as required by the SET(o) form.

Somudro
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Post by Somudro » Tue Jan 10, 2012 2:31 pm

Thanks @Greenie.

How soon my wife can apply for ILR after being the dependent of mine (ILR)-If I get ILR?. She is in UK more than 2 years as a teir-1 dependent.


How my wife's 2 years will be counted? Is this from the initial date when she was originally granted as a tier-1 dependent or from the date when I shall get ILR?

Greenie
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Re: Work Permit Holder

Post by Greenie » Tue Jan 10, 2012 2:47 pm

mithun wrote:HI Guys

I am planning to apply for ILR after 5 years on work permit. My wife has been on dependant visa for 1 yr and 9 mnths. previously she was on student visa. Can she apply with me as we've been married for over 3 yrs and have cohabitation documents as required by the SET(o) form.
please start a different thread, your circumtances are different to the original poster and replying to you here will create confusion.

Greenie
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Post by Greenie » Tue Jan 10, 2012 2:49 pm

Somudro wrote:Thanks @Greenie.

How soon my wife can apply for ILR after being the dependent of mine (ILR)-If I get ILR?. She is in UK more than 2 years as a teir-1 dependent.


How my wife's 2 years will be counted? Is this from the initial date when she was originally granted as a tier-1 dependent or from the date when I shall get ILR?
She needs to switch to limited leave first on form FLR(M) and once granted can immediately apply for ILR on form SET(M) presuming she meets the other requirements (english language etc).

the two years counts from when she was initially granted leave as your tier 1 dependent.

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