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ILR for spouse of having ILR on long residence

Posted: Wed Aug 13, 2014 12:46 am
by Miangee
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

Re: ILR for spouse of having ILR on long residence

Posted: Wed Aug 13, 2014 6:19 am
by Amber
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.

Re: ILR for spouse of having ILR on long residence

Posted: Wed Aug 13, 2014 11:17 pm
by Miangee
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

Re: ILR for spouse of having ILR on long residence

Posted: Thu Aug 14, 2014 12:07 am
by Obie
It seems like 287A (i)(d), may be in play. Not sure the lawyer is right though.

Re: ILR for spouse of having ILR on long residence

Posted: Thu Aug 14, 2014 5:07 am
by vinny

Re: ILR for spouse of having ILR on long residence

Posted: Fri Aug 15, 2014 12:16 am
by samu140
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. ?

Re: ILR for spouse of having ILR on long residence

Posted: Fri Aug 15, 2014 12:34 am
by Amber
Please do not hijack this thread.

Re: ILR for spouse of having ILR on long residence

Posted: Fri Aug 15, 2014 8:58 am
by amiraziz
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

Re: ILR for spouse of having ILR on long residence

Posted: Fri Aug 15, 2014 9:00 am
by samu140
Amber wrote:Please do not hijack this thread.
So sorry, was't mean that.

Re: ILR for spouse of having ILR on long residence

Posted: Fri Aug 15, 2014 2:49 pm
by Obie
It means precisely what you have done.

posting on another persons thread, on issue unrelated to the original Poster enquiry, and essentially taking over.