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ILR for spouse of having ILR on long residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Miangee
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Location: London

ILR for spouse of having ILR on long residence

Post by Miangee » Wed Aug 13, 2014 12:46 am

Hi all members
I have got very useful information here to get my ILR for this I shall remain thankful to this forum
I was granted ILR on LR in April and my wife was granted 2 years spouse visa in April 14 In old rules as she is here with me from last 7 years as student dependent so I want to apply my wife ILR as she already has passed 2 year period under the transitional arrangement of part 8 287a-b- c
But I am confused as I went to a very well known solicitor who told me that she can't apply ILR and must need to wait end of two years as she was student dependent not tier 1 or tier 2 dependent and it's does not count towards settlement .
Just double minded what to do and don't want to lost money in shape of refusal
any senior or any student who has applied wife's ILR on same ground or situation plz guide me
Thanks

Amber
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Re: ILR for spouse of having ILR on long residence

Post by Amber » Wed Aug 13, 2014 6:19 am

The very well known solicitor is wrong. Many solicitors are giving poor advice, believe you me we see it daily on here.

Those who switched to FLR(M) under part 8 of the immigration rules can amalgamate time as a PBS dep to satisfy the probationary period as per rule 287(a)(i)(d). B1 English and LIUK required. Form SET(M). A Tier 4 student dependent is considered a relevant PBS migrant under Part 8.
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Miangee
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Posts: 187
Joined: Mon Dec 02, 2013 11:34 pm
Location: London

Re: ILR for spouse of having ILR on long residence

Post by Miangee » Wed Aug 13, 2014 11:17 pm

Hi amber
Thank you very much for ur quick response so u mean to say I can apply my wife ILR straight away now and no need to wait for two years even though she have got her 2 years spouse visa after 6 April on 28th April but it was applied in January with my long residence application.
Only the issue is that she was dependent of student from 7 years and home office mentioned period spend as tier 4 does not count towards settlement so plz advice she can apply ILR even in all above situation
Thanks

Obie
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Re: ILR for spouse of having ILR on long residence

Post by Obie » Thu Aug 14, 2014 12:07 am

It seems like 287A (i)(d), may be in play. Not sure the lawyer is right though.
Smooth seas do not make skilful sailors

vinny
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Re: ILR for spouse of having ILR on long residence

Post by vinny » Thu Aug 14, 2014 5:07 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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samu140
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Re: ILR for spouse of having ILR on long residence

Post by samu140 » Fri Aug 15, 2014 12:16 am

vinny wrote:See allwell46's success.
I am applying set(lr) my wife wife is dependant and come on 20/08/2009 as pbs dependant and now she spent complete 5 years as dependant. So any suggestions from experts plz. ?
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Amber
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Re: ILR for spouse of having ILR on long residence

Post by Amber » Fri Aug 15, 2014 12:34 am

Please do not hijack this thread.
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amiraziz
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Re: ILR for spouse of having ILR on long residence

Post by amiraziz » Fri Aug 15, 2014 8:58 am

dear amber
i need a quick advice
i have applied for my ILR on the bassis of long residence in april 2014 but still i did not get back any responce from home office ,i have one driving conviction IN10 received from court in jan 2013 but that conviction is not recorded in my criminal record, i just want to know, is that conviction will effect on my ILR application,
also i do have a dependant with me since 2008 shall i need to show the income of 18600 wen i will apply for their visa,
regards

samu140
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Posts: 82
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Re: ILR for spouse of having ILR on long residence

Post by samu140 » Fri Aug 15, 2014 9:00 am

Amber wrote:Please do not hijack this thread.
So sorry, was't mean that.
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Obie
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Re: ILR for spouse of having ILR on long residence

Post by Obie » Fri Aug 15, 2014 2:49 pm

It means precisely what you have done.

posting on another persons thread, on issue unrelated to the original Poster enquiry, and essentially taking over.
Smooth seas do not make skilful sailors

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