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IRL for spouse and dependent child.

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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cerjones
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Joined: Mon Jun 07, 2010 7:20 pm

IRL for spouse and dependent child.

Post by cerjones » Wed Oct 23, 2013 1:18 am

I've read as much as I can about ILR and remain somewhat confused.

My wife and I married 5 years ago in the USA. I came back to the UK and applied for a spousal and dependent child visa (for my now 14 year old stepson). We eventually got them granted on...

28/2/12 and they are valid until 28/5/14

They arrived in the UK on 11/3/12, and have been here every day since.

I think we have to apply for IRL no more than 28 days before 2 years after they arrived? And obviously before their visas run out. Is that correct? So I have an approximate 3 month window in which to apply?

Can my wife and stepson be done in one application? And one fee? Or is it two separate fees?

do I have to prove all the same things I did for the visas? Adequate housing and money available? What is the monetary requirement? Are we under the old rules where we have to have at least "income support" level of income.

As my wife and son are American do they still need to do the life in the UK thing? If so can that be done anytime?

I'm considering going to the Liverpool Settlement Checking service. Is that a good idea? Can you get a preliminary interview ahead of time where they tell you what documentation you need to get ready?

What happens if ILR is refused? Will they automatically extend the existing spousal / dependent child Visas?

Many thanks,

Chris Jones

Amber
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Post by Amber » Wed Oct 23, 2013 7:46 am

You seem well informed.

Yes, 28 days before 2 years in the UK.

Yes apply together, applicant + 1.

Yes old rules and income support levels.

SCS is a good idea, they will check your case and get everything in order for a PEO, though you seem to have it in hand so SCS may not be necessary unless you're applying by post.

Yes spouse will need LIUK but not the new B1 requirement.

Remember cohabitation proof, for roughly every 4 months of the last 2 years, one joint letter or a letter each from a total of at least 3 different sources.
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cerjones
Newly Registered
Posts: 17
Joined: Mon Jun 07, 2010 7:20 pm

Post by cerjones » Wed Oct 23, 2013 8:04 pm

Thanks,

I had no idea about the cohabitation things. I dont know if we could find official documentation for every 4 months. My stepmom comes and stays for one day almost every week, would a statement from her be any good? We probably have a few letters from the school, the doctors, and the tax credit office. Is that likely to be enough?

Thanks again,

Chris

Amber
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Post by Amber » Wed Oct 23, 2013 8:13 pm

They are actually quite strict on the cohabitation requirement, get hunting and post what you can find for the last 2 years. Those documents you have mentioned should suffice, the key is to spread them over the 2 years. A letter from your in-laws is unlikely to assist.
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Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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