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ILR for dependent Wife (Urgent please)

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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JB_WP
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ILR for dependent Wife (Urgent please)

Post by JB_WP » Thu Feb 09, 2012 8:22 am

Hi All,

I have completed my ILR on 30/01/2012 (4.10 years WP+ Last 3 months Tier2 which was valid till 10/2014 - Now got ILR).
I have two dependents my wife and 5 yrs old daughter. They got their dependent visa stamped when I had to move to Tier2 from WP track. This visa is valid until 10/2014.

While applying for ILR in Jan I only made application for myself since my wife was not not prepared for LIfe in UK test.

My Questions are
1. Do my wife has to apply with in 28 days of me receiving visa or they can apply anytime in next couple of months since thier current staty as depepndent is granted upto 10/2014. They are as a dependent with me for last 5 years.

I was initially thinking that they can apply anytime but I got bit nervous and confused after reading somewhere about 28 days rule.

I would appreciate if experts could let me know by when wife can/should apply for ILR.

Thanks in advance
JB

vinny
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Post by vinny » Thu Feb 09, 2012 9:18 am

She should switch to FLR(M) first.

Where was child born?
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.

JB_WP
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Posts: 13
Joined: Mon Feb 22, 2010 7:03 pm

Post by JB_WP » Thu Feb 09, 2012 9:25 am

Thanks for the reply.

Child was born in India.
Is there any timeline for FLR(M) ? My wife has also finished same tenure as me in this coutry and will her current dependent visa be void?

Can you please advice?

vinny
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Posts: 33322
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Feb 09, 2012 9:29 am

Current PBS dependant leave is valid unless it is curtailed, expires or they travel abroad.
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.

JB_WP
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Posts: 13
Joined: Mon Feb 22, 2010 7:03 pm

Post by JB_WP » Thu Feb 09, 2012 2:51 pm

vinny wrote:Current PBS dependant leave is valid unless it is curtailed, expires or they travel abroad.
Thanks Vinny. Is there any chance for her to apply for ILR (using SET(M)) if she does that with in 28 days of me getting ILR i.e. before 27th Feb?

Sorry I did not know all these consequences otherwise would have done it together.

Thanks
JB

Greenie
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Post by Greenie » Thu Feb 09, 2012 3:12 pm

she has to apply for further leave on FLR(M) first as already advised.

JB_WP
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Post by JB_WP » Thu Feb 09, 2012 6:22 pm

Greenie wrote:she has to apply for further leave on FLR(M) first as already advised.
Thanks guys. I will make an appointment for FLR(M). It is clear till this point, but will she have to wait for another 2 years for ILR once she get FLR(M) visa? Or her previous stay is counted?

Thanks a lot for your help and time
JB

babysofea
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Post by babysofea » Thu Feb 09, 2012 8:24 pm

JB_WP wrote: It is clear till this point, but will she have to wait for another 2 years for ILR once she get FLR(M) visa? Or her previous stay is counted?
Hi,
I was planning to do the same with my dependants but the risk was too high. I also phone UKBA to seek for advice on this matter and they said that on FLR(M) the two years would start from when it is issued and previous stay will not be counted.
I am assuming that this is correct.

Greenie
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United Kingdom

Post by Greenie » Thu Feb 09, 2012 8:39 pm

See FLR or ILR for my dependent and 287(a)(i)(d)

Time spend as a PBS dependent and spouse of a settled person can be combined, the two years does not start again. However if your dependent qualifies for ILR at the same time as you it is far easier to apply together.

JB_WP
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Post by JB_WP » Sun Feb 12, 2012 12:21 am

Greenie wrote:See FLR or ILR for my dependent and 287(a)(i)(d)

Time spend as a PBS dependent and spouse of a settled person can be combined, the two years does not start again. However if your dependent qualifies for ILR at the same time as you it is far easier to apply together.
Thanks. That's the mistake I have made already and only applied for myself assuming my wife has valid stay till 10/2014 and she can apply easily in couple of months.

Thanks again. Last week was bit dipressed after learning from somewhere that their stay as Tier 2 dependent is void after I got ILR etc. but thanks a lot for all the support !!

My questions might sound bit stupid but feedback from gurus would be vital for me to avoid any more mistakes.

My wife is going to apply FLR(M) for my herself and our daugher and booked PEO appointment for 2 person (My wife (Main Applicant) + 1 dependent). Will they allow me as well in the building, as the appointment confirmation only show 2 persons? Because here my wife is dependent on me but main applicant for FLR(M) and we could not even book as Main + 2 dependents as I don't have to pay any fee for myself as I already have ILR.

cheers
JB

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