ILR Dependent validity

[goto_venkat]

Hi All,

I have recently got my British Citizenship. My wife came to UK as dependent of ILR a year ago.
Now the question is, will her visa be still valid even after I receive my UK citizenship or does she need to apply for any other visa after I receive UK citizenship? We are from India if it helps.

Thanks in advance.

Regards,
Venkat

[Ayyubi72]

There is no visa for ILR dependent. The visa is for "spouse of a person present and settled in UK".

So, when you had ILR, you were a person "present and settled in UK"

Now you have got BC, but you are still a person who is "present and settled in UK".

So.... you work it out now.

[goto_venkat]

Thank you . so my wife won`t be needing any separate visa.
What about the 'family member of EU visa', when do we need this.

[Ayyubi72]

"Family member of eu citizen" visa is for family members of any eu citizen excluding British Citizens. So, it has no relevance to you.

[goto_venkat]

Okay, thank you.

[Amber]

"Family member of eu citizen" visa is for family members of any eu citizen excluding British Citizens. So, it has no relevance to you.

Unless the op qualifies under the Singh rule.

[Ayyubi72]

Why would he need to think about surinder singh? His wife is already in UK.

[Amber]

Why would he need to think about surinder singh? His wife is already in UK.

It's an option now that the OP is a British Citizen, should his wife not satisfy domestic requirements. To the OP what visa is your wife on is it a pbs dep visa? or spouse visa?

[Ayyubi72]

Why on this forum there is such a desire to explain the whole immigration law, when someone has asked a very specific question?

He has clearly said his wife came here as "ILR dependent" one year ago. Where does eu regs come into play?

[Amber]

Why on this forum there is such a desire to explain the whole immigration law, when someone has asked a very specific question?

He has clearly said his wife came here as "ILR dependent" one year ago. Where does eu regs come into play?

It may have been a PBS dep visa not a spouse visa this has not been confirmed. Perhaps EU regs may not be relevant to this but it is worth knowing nonetheless, the OP can now move freely around Europe.

[goto_venkat]

My wife visa type is spouse/cp

[Ayyubi72]

Why on this forum there is such a desire to explain the whole immigration law, when someone has asked a very specific question?

He has clearly said his wife came here as "ILR dependent" one year ago. Where does eu regs come into play?

It may have been a PBS dep visa not a spouse visa this has not been confirmed. Perhaps EU regs may not be relevant to this but it is worth knowing nonetheless, the OP can now move freely around Europe.

"My wife came to UK as dependent of ILR a year ago. "

[Ayyubi72]

My wife visa type is spouse/cp

@ Venkat. Please do not confuse yourself by reading all irrelevant obstinate comments. Your wife arrived in UK as "ILR dependent" so nothing changes for her and you need to do absolutely nothing.

When your wife stay in UK in nearing 2 years, she can apply for ILR by filling up form set (m). Also do not confuse yourselves by reading new financial requirements of minimum £ 18600 earning requirement. These new rules came into effect in July 2012. As your wife arrived in UK before July 2012, these new rules do not effect her, and she will continue under the old rules (rules before july 2012) right through to the end.

The only thing you will need to think about is, that when your wife applies for ILR she has

1. Passed Life in the UK test

2. Has passed B1 level english qualification in speaking and listening. The easiest way to prove is take a short (15 minutes) test in speaking and listening. If you live in or near London, Birmingham or manchester, then I can give you link to the test centre. The test costs £110 a shot.

If she has a degree from India, then story is a little different.

[Amber]

My wife visa type is spouse/cp

Then, if your wife's leave is the spouse of a settled person she should be eligible to apply for settlement after the 2 year probationary period. In the meantime you should be collecting letters (such as bank statements, HMRC letters, utility bills, council tax bills etc...) in joint names or each single names from the start of your wife's stay in the UK. Roughly every 4 months since she arrived there should be one letter in joint names or a letter each.

[Ayyubi72]

My wife visa type is spouse/cp

Then, if your wife's leave is the spouse of a settled person she should be eligible to apply for settlement after the 2 year probationary period. In the meantime you should be collecting letters (such as bank statements, HMRC letters, utility bills, council tax bills etc...) in joint names or each single names from the start of your wife's stay in the UK. Roughly every 4 months since she arrived there should be one letter in joint names or a letter each.

He clearly mentioned in his very first post that his wife arrived one year ago as "ILR dependent"

[Amber]

My wife visa type is spouse/cp

Then, if your wife's leave is the spouse of a settled person she should be eligible to apply for settlement after the 2 year probationary period. In the meantime you should be collecting letters (such as bank statements, HMRC letters, utility bills, council tax bills etc...) in joint names or each single names from the start of your wife's stay in the UK. Roughly every 4 months since she arrived there should be one letter in joint names or a letter each.

He clearly mentioned in his very first post that his wife arrive one year ago as "ILR dependent"

He could have quite easily meant a PBS dependent as he could have been a PBS migrant prior to his ILR. People say many different things when they are not sure. Making your text bold does not make it any less cantankerous.

[Ayyubi72]

I think you live in theoretical cuckooland.

His wife arrived an year ago, and in this one year, by using some kind of a magic wand, op gained ILR and then gained British citizenship too. Wow, that does seem like magic. Probably UKBA have started BC same day service with a citizenship ceremony straight after the approval.

[Ayyubi72]

He could have quite easily meant a PBS dependent as he could have been a PBS migrant prior to his ILR. People say many different things when they are not sure. Making your text bold does not make it any less cantankerous.

Why is that? OP is saying his wife arrived as ILR dependent, so tell him what he is asking. He is asking a specific question, why just come up and distribute your immigration knowledge when it is not required.

How could you say he could have meant a PBS dependent?

If we go by your logic, then he could have gained ILR under 14 years rule, or 10 years rule, or he was totally illegal and got ILR under article 8, or maybe he was given refugee status and then ILR, or he was given HP and then ILR, or maybe he he got child access visa and then ILR, or maybe he himself was spouse of a BC and upon getting ILR got divorced, or maybe he had very old 395c considerations pending, there could be 1000 other possibilities.

So, as soon as someone asks a very simple and straightforward question, others should start explaining everything according to every possible scenario according to immigration rules and outside immigration rules, and according to article 8 and according to eu regs, based on the presumption that the person asking the query could have "meant" something else.

[Amber]

He could have quite easily meant a PBS dependent as he could have been a PBS migrant prior to his ILR. People say many different things when they are not sure. Making your text bold does not make it any less cantankerous.

Why is that? OP is saying his wife arrived as ILR dependent, so tell him what he is asking. He is asking a specific question, why just come up and distribute your immigration knowledge when it is not required.

How could you say he could have meant a PBS dependent?

If we go by your logic, then he could have gained ILR under 14 years rule, or 10 years rule, or he was totally illegal and got ILR under article 8, or maybe he was given refugee status and then ILR, or he was given HP and then ILR, or maybe he he got child access visa and then ILR, or maybe he himself was spouse of a BC and upon getting ILR got divorced, or maybe he had very old 395c considerations pending, there could be 1000 other possibilities.

So, as soon as someone asks a very simple and straightforward question, others should start explaining everything according to every possible scenario according to immigration rules and outside immigration rules, and according to article 8 and according to eu regs, based on the presumption that the person asking the query could have "meant" something else.

I think you need to just get over it. Your rhetoric is pointless.

[Ayyubi72]

Your urge to give unnecessary advice is pointless.

[goto_venkat]

My wife visa type is spouse/cp

@ Venkat. Please do not confuse yourself by reading all irrelevant obstinate comments. Your wife arrived in UK as "ILR dependent" so nothing changes for her and you need to do absolutely nothing.

When your wife stay in UK in nearing 2 years, she can apply for ILR by filling up form set (m). Also do not confuse yourselves by reading new financial requirements of minimum £ 18600 earning requirement. These new rules came into effect in July 2012. As your wife arrived in UK before July 2012, these new rules do not effect her, and she will continue under the old rules (rules before july 2012) right through to the end.

The only thing you will need to think about is, that when your wife applies for ILR she has

1. Passed Life in the UK test

2. Has passed B1 level english qualification in speaking and listening. The easiest way to prove is take a short (15 minutes) test in speaking and listening. If you live in or near London, Birmingham or manchester, then I can give you link to the test center. The test costs £110 a shot.

If she has a degree from India, then story is a little different.

Thank you for clarifying my doubt. She has got an degree from India.

I have got one more query for you. I have recently got an offer to work in USA from my current workplace.
If we shift there for suppose 1-2 years what happens when we want to come back to UK with out any job and permanent accommodation in UK.

[Ayyubi72]

Having a degree from India is not enough. You will need to apply to UK Naric to compare her degree with equivalent in UK, plus you will need english language assessment too.

Check out the following links.

http://ecctis.co.uk/naric/Individuals/C ... %20UK.aspx

http://ecctis.co.uk/naric/Individuals/C ... sment.aspx

Now going and working in USA things. Generally speaking, not a good idea at all as far as immigration is concerned.

1. If you go before you get british citizenship, and if you stay there for more than 2 years, then basically you will be left with nothing. There is more detail to it, but generally speaking UK ILR will expire if you stay out of UK for more than 2 years.

2. If you return before the 2 years period then you will be fine. But your wives visa would have expired, and she will have to apply for a fresh spouse visa before entering uk and meet requirements according to new rules at the time of application. Right now, its minimum £18600 per year sponsor's income, plus a job offer in UK. Plus you will not be able to apply for British citizenship for a long time due to excess absences from UK.

3. If you go after you get British citizenship, then you can stay out of UK for any period of time and return any time you want, even after 100 years. But your wife will have to apply afresh meeting the requirement as no.2 above

4. If you go after getting British citizenship, and after your wife gets ILR, then if you stay less than 2 years your wife can return to UK with you. But she will not be able to apply for BC for a long time due to excess absences.


5. If you go after BC and your wife only has ILR, then if you stay out for more than 2 years then her ILR will expire and she will have to apply as per no.2

Both for option 2 & 5, it will take her 5 years to get ILR.

[Amber]

I believe the OP is already a BC. If you travel outside the UK for limited period and for employment reasons then it should not count against your wife. She would need to be back prior to settlement and remember you would need the cohabitation proof. When and if she came to naturalise as a BC after settlement then the absences could mean she would have to wait longer than if she remained in the UK.

[Ayyubi72]

Yes offcours he is, my mistake.

So, if her present visa expires while she is in USA then she will have to apply for a visa as no.2 above. She will have to spend 5 years in UK to get ILR. Her previous stay will be basically wiped off.

[goto_venkat]

Yes offcours he is, my mistake.

So, if her present visa expires while she is in USA then she will have to apply for a visa as no.2 above. She will have to spend 5 years in UK to get ILR. Her previous stay will be basically wiped off.

Hi

Thanks for all your responses. All of them are very helpful.
I have one more question it may not be relevant to this topic but i need a clarification.
I'm about to submit my application for British passport but for the place where an british resident sign is required is there any restriction of the role of person. Can i get it done by a software developer or any higher role is required.

Thanks
Venkat