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ILR based on combination of Unmarried and Married stay

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AndrewNi
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Posts: 20
Joined: Sun Jun 24, 2012 3:03 pm

ILR based on combination of Unmarried and Married stay

Post by AndrewNi » Thu Aug 09, 2012 5:12 pm

Hi Gurus,

Please kindly help on my situation:

I was in the UK since 2007 on Work Permit and later Tier 1 General. My other half came to UK in Oct 2010 as student, and held Tier 4 Visa. We lived together since then.
We got married in May 2012, and my wife switched to Tier 1 General Dependant in July (before 9 July 2012) in China, with the visa maturing in Feb 2013.
I recently switched to ILR in Aug 2012 (yesterday).

My questions is:
a) Can my wife apply for ILR in Oct 2012, based on the fact that we have lived together for 2 years since Oct 2010? Is it OK even if the 2 years are partly unmarried as Tier 4, and partly married as Tier 1 dependant?

b) If she needs to wait until July 2014, is she OK to remain as Tier 1 Dependant, and not apply FLR(M) until the current visa expire in 2013, despite I am now holding ILR rather than Tier 1 General?

Thanks so much in advance.

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Thu Aug 09, 2012 5:34 pm

Her 2 years count would start when she switched to your dependent and not before that, so you will have to apply for FLR once her current VISA near expires or you should apply for FLR now since your VISA has changed.

When she completes her 2 years you she may apply for ILR.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

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