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T1 dependant apply ILR Please Help!

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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pjzhang
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Joined: Tue Oct 09, 2012 11:28 am

T1 dependant apply ILR Please Help!

Post by pjzhang » Tue Oct 09, 2012 11:56 am

Our case is
I have T1 and will apply ILR in this Nov. My husband has T1 dependant at the moment. We have got married for more than 2 years and he has lived with me in the UK for more than 2 years. But his T1 dependant visa has not reached 2 years!!
In this case, can we apply ILR together?
Really appreciate your help!!
We are very worried now...

UPDATES
Hello all.
My husband and I have booked the apply in person for ILR in Nov.
I am the main applicant and he is my T1G dependant.
Previously, I mentioned he may not be qualified to apply ILR because he has not been dependant for 2yrs BUT has been in the UK for more than 2yrs in a marriage with me.
So I want to ask, if he can not be considered to meet the criteria, will my application still be considered in the interview? If yes, do we have to pay both fees or just my fee?
I just hope they wont refuse to deal with our application on that day. If I get granted, he can quickly apply for FLR(M).
Thank you for all your advices!!
Last edited by pjzhang on Thu Oct 18, 2012 9:32 am, edited 1 time in total.

Lucapooka
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Location: Brasil

Post by Lucapooka » Tue Oct 09, 2012 12:19 pm

He can apply with you if both the residence and marriage requirements are met (been in the UK as your partner for two years). It does not matter that his residence under the status as your PBS dependant is less than two years, because his previous residence (if legitimate) will be considered.

pjzhang
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Posts: 16
Joined: Tue Oct 09, 2012 11:28 am

Post by pjzhang » Tue Oct 09, 2012 12:25 pm

Lucapooka wrote:He can apply with you if both the residence and marriage requirements are met (been in the UK as your partner for two years). It does not matter that his residence under the status as your PBS dependant is less than two years, because his previous residence (if legitimate) will be considered.
Thank you!!!
So here 'Partner' doesn't mean has to be PBS dependant, does it?
We can provide the evidence of staying together for 2 years by bills, bank statements etc. Do I understand correctly?
Thanks again!

geriatrix
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United Kingdom

Post by geriatrix » Tue Oct 09, 2012 1:52 pm

Life isn't fair, but you can be!

Lucapooka
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Location: Brasil

Post by Lucapooka » Tue Oct 09, 2012 1:55 pm

Partner must have last been granted leave as PBS dependant. No mention of that being for two years.

pjzhang
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Posts: 16
Joined: Tue Oct 09, 2012 11:28 am

Post by pjzhang » Thu Oct 11, 2012 10:18 am

Lucapooka wrote:He can apply with you if both the residence and marriage requirements are met (been in the UK as your partner for two years). It does not matter that his residence under the status as your PBS dependant is less than two years, because his previous residence (if legitimate) will be considered.
Hi. I phoned immigration enquire bureau this morning. I described our case and they said my husband can not apply ILR with me. He has to apply FLR(M) on the same date as I get ILR. Because he has to stay for 2 years as my dependant. :(

pjzhang
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Posts: 16
Joined: Tue Oct 09, 2012 11:28 am

Post by pjzhang » Thu Oct 11, 2012 10:19 am

Hi. I phoned immigration enquire bureau this morning. I described our case and they said my husband can not apply ILR with me. He has to apply FLR(M) on the same date as I get ILR. Because he has to stay for 2 years as my dependant.

pjzhang
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Posts: 16
Joined: Tue Oct 09, 2012 11:28 am

Post by pjzhang » Thu Oct 11, 2012 10:19 am

Lucapooka wrote:Partner must have last been granted leave as PBS dependant. No mention of that being for two years.
Hi. I phoned immigration enquire bureau this morning. I described our case and they said my husband can not apply ILR with me. He has to apply FLR(M) on the same date as I get ILR. Because he has to stay for 2 years as my dependant.

pjzhang
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Posts: 16
Joined: Tue Oct 09, 2012 11:28 am

Post by pjzhang » Thu Oct 11, 2012 10:43 am

We feel so desperated. can anyone contribute any idea please please??

pjzhang
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Joined: Tue Oct 09, 2012 11:28 am

Post by pjzhang » Mon Oct 15, 2012 10:11 pm

any ideas please?? :shock: :shock: :shock:

geriatrix
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Post by geriatrix » Thu Oct 18, 2012 2:06 am

Ideas?? :?

Ask UKBA which immigration rules states that your spouse must have lived in the UK as "your dependant" for 2 years to qualify for settlement as your dependant.
Life isn't fair, but you can be!

pjzhang
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Joined: Tue Oct 09, 2012 11:28 am

Post by pjzhang » Thu Oct 18, 2012 9:35 am

sushdmehta wrote:Ideas?? :?

Ask UKBA which immigration rules states that your spouse must have lived in the UK as "your dependant" for 2 years to qualify for settlement as your dependant.
Thank you. I have updated here.
Regarding 2yrs rule, we have phoned enquiry office twice and both answers are negative. We will try to argue it in the interview but I want to check if the caseworker will deal with our application first or he will send us back to rebook the interview? Thanks!!

xpscapable
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Post by xpscapable » Sun Nov 25, 2012 9:55 am

pjzhang wrote:
sushdmehta wrote:Ideas?? :?

Ask UKBA which immigration rules states that your spouse must have lived in the UK as "your dependant" for 2 years to qualify for settlement as your dependant.
Thank you. I have updated here.
Regarding 2yrs rule, we have phoned enquiry office twice and both answers are negative. We will try to argue it in the interview but I want to check if the caseworker will deal with our application first or he will send us back to rebook the interview? Thanks!!
PJZhang - how did you you go? I'm curious because I'm on the same situation with you.

My wife has live with me for more than 3 years but she's only my dependant on Tier 1 just the past year. She has her own visa prior to that.

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