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Calculating Partner 2 year period 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

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adnantps
Member
Posts: 109
Joined: Wed Apr 18, 2007 8:12 pm

Calculating Partner 2 year period for ILR

Post by adnantps » Tue Jan 31, 2012 1:55 am

Hi all
This forum has helped me since my initial application in 2007 for hsmp and now its time for ILR. Here goes my question

My ILR is due on 6th June 2012 i.e. when my extension expires.

My wives Depedentat VISA was stamped on Jan 2010 and the expiry date is same as mine

Now she entered UK on 10th June 2010 ... so keeping her enter date in UK she is 4 days short of two year.. i have a 10 month old daughter whos ILR im also planing to apply

Do i have to go for an FLR only for 4 days for my wife and then ILR? Also keeping in mind her visa stamp date was jan 2010

Also the tenency agreement i have with both our names is since April 2010


Many thanks for your suggestions
adnan
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linkers
Respected Guru
Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Tue Jan 31, 2012 9:40 am

The case worker should be able to use discretion and should grant your wife ILR.
Anyone else can advise on this ?

ILR for your daughter won’t be an issue.

tenancy agreement since April 2010 is fine.
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chosenaik
Member
Posts: 214
Joined: Mon Jan 10, 2011 1:51 pm

Post by chosenaik » Tue Jan 31, 2012 10:44 am

I was in very similar situation. My wife's visa expires same day as mine (when I become eligible for ILR). As she is on a Tier 1 G, she her visa would be invalid when I get ILR.

I called UKBA and they informed me that I needed to apply for a Tier 1 extension for both of us so that there is time after I get my ILR for my wife to apply for FLR.
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tknayak
Member
Posts: 129
Joined: Mon May 23, 2011 11:42 pm
Location: London

Post by tknayak » Tue Jan 31, 2012 10:52 am

I have the same view as linkers. I think the caseworker should apply discretion and grant ILR for your wife, if the gap is just 4 days.

If you call HO, they will always advise to go for Tier1 extension first, because as per rule the dependant has not completed 2 years.

I would suggest you to take ILR appointment at Solihul within 28 days of the expiry and try. If it does not work then you can apply for Tier1 extension. I am suggesting Solihul because they take the payment only after it is ensured that your ILR application is approved.
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linkers
Respected Guru
Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Tue Jan 31, 2012 11:59 am

I would agree with tknayak as I have also seen loads of posts that in Solihull, they take payments after making a decision.
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adnantps
Member
Posts: 109
Joined: Wed Apr 18, 2007 8:12 pm

Post by adnantps » Tue Jan 31, 2012 7:11 pm

Thank you guys... the solihull information was very usefull.. i agree if i call home office they wud advise me to get FLR and it means doubl eteh money to them as well....

i'll go for ILR for all three of us.. fingers crossed.. will apply in solihull...
adnan
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linkers
Respected Guru
Posts: 1306
Joined: Fri Dec 30, 2011 10:55 am

Post by linkers » Tue Jan 31, 2012 10:32 pm

Best of Luck !
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