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ilr based on 10yr concession

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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amason
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ilr based on 10yr concession

Post by amason » Fri Jul 05, 2013 11:46 pm

I will be applying for ILR in march 2014 based on 10 yr continuous residence. I had a dependent up until 2011 when we switch places and I became the dependant on his psw. Our current visa will expire in October 2014. My concern is even though my husband has ceased to be my dependant which he was from 2006 till 2011 can he apply as a spouse of a settled person in country when I get my Ilr if yes will I have to show the income requirement. Since the application for ilr based on 10yr route can take quiet a long time, if our current visa is near expiration and I've not received ilr can my spouse put in an application - flr (m) citing awaiting my application. Will be grateful for your contribution.

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Amber
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Post by Amber » Sat Jul 06, 2013 6:34 am

Yes, if he puts in an application and asks for it to be decided after you have been given a decision. Once he has 10 years legal and continuous stay he can apply for set(lr) too.
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amason
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Post by amason » Sat Jul 06, 2013 7:47 am

Thanks for your response. He will be 8 years in the country when I am 10 so he can't apply based on 10 years concession. Just to understand you properly. Do you mean yes he can apply as married to a settled person even though I'm currently the dependant on his visa?.
Thanks again

Amber
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Post by Amber » Sat Jul 06, 2013 8:04 am

amason wrote:Thanks for your response. He will be 8 years in the country when I am 10 so he can't apply based on 10 years concession. Just to understand you properly. Do you mean yes he can apply as married to a settled person even though I'm currently the dependant on his visa?.
Thanks again
He can apply as the spouse of a settlement person subject to meeting the requirements once you are settled, thus asking for the flr(m) decision to be made after yours. In two years time he can apply for set(lr) subject to meeting the requirements.
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amason
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Post by amason » Sat Jul 06, 2013 11:03 am

Thanks Amber does the requirement include the income threshold.

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Amber
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Post by Amber » Sat Jul 06, 2013 11:41 am

As the applicant was not a qualifying dep then they would be subject to the financial requirement. Assuming you are both working this should not be an issue.
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amason
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Post by amason » Sat Jul 06, 2013 2:22 pm

Amber is the income of about 19000 a combined one or should be for the settled partner. Do appreciate you coming back with ur thoughts

Amber
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Post by Amber » Sat Jul 06, 2013 2:23 pm

amason wrote:Amber is the income of about 19000 a combined one or should be for the settled partner. Do appreciate you coming back with ur thoughts
If you are both able to work legally in the UK then both of your incomes can be considered.
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