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ILR Dependent - 2 year condition

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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faisalkhan001
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Joined: Tue Apr 27, 2010 12:46 pm

ILR Dependent - 2 year condition

Post by faisalkhan001 » Thu Jul 28, 2011 12:01 pm

Hi,

I am on Tier 1 General and my ILR is due in October 2011. My wife joined me as Tier 1 dependent last year in August. So my question is, is she eligible for ILR with me. I have read somewhere that spouse have to stay for 2 years in UK before applying for ILR? Please can someone clear this point.

Many thanks

Faisal
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Jul 28, 2011 12:34 pm

If she does not satisfy 319E, then she should switch to FLR(M) before her leave expires, when/after you apply for ILR.
Last edited by vinny on Thu Aug 18, 2011 3:06 pm, edited 4 times in total.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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faisalkhan001
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Posts: 27
Joined: Tue Apr 27, 2010 12:46 pm

Post by faisalkhan001 » Thu Jul 28, 2011 8:38 pm

Thanks Vinny. Actually I have got my Tier 1 extension this month because I was short of 3 months to complete 5 years period requirement for ILR. My wife had applied with me at the same time. Now we have got 2 years Tier 1 extensions visa. According to the rules I will be eligible for ILR. Do I still need to apply FLR(M) for her or she can fulfill 2 years criteria for ILR on Tier 1 dependent visa?

Many Thanks
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vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu Jul 28, 2011 8:47 pm

Under the current rules, I believe that she should switch to FLR(M) if she's not eligible to apply for ILR at the same time as you.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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faisalkhan001
Newly Registered
Posts: 27
Joined: Tue Apr 27, 2010 12:46 pm

Post by faisalkhan001 » Thu Jul 28, 2011 9:59 pm

Thanks again Vinny pointing me towards right post.

Regards
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