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ILR Questions

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

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Vijays
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Posts: 3
Joined: Tue Feb 22, 2011 4:04 am

ILR Questions

Post by Vijays » Tue Feb 22, 2011 4:28 am

I came to UK April 2006 in workpermit. I am with same employer since then. I am eligible for ILR next month. I am planning to go to premium service in Croydon.

1. My company gives the P60 as a softcopy. Will that do?
2. My wife was my dependant between April 2006 and sept 2008. after that she got Tier 1. Also between june 2009 to april 2010 she was in india for maternity. Currently, our kid's visa is as her dependant. Can they apply for the ILR with me?

Thanks very much.

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Re: ILR Questions

Post by xyz123 » Tue Feb 22, 2011 9:07 am

Vijays wrote:I came to UK April 2006 in workpermit. I am with same employer since then. I am eligible for ILR next month. I am planning to go to premium service in Croydon.

1. My company gives the P60 as a softcopy. Will that do?
2. My wife was my dependant between April 2006 and sept 2008. after that she got Tier 1. Also between june 2009 to april 2010 she was in india for maternity. Currently, our kid's visa is as her dependant. Can they apply for the ILR with me?

Thanks very much.
1- if you can then get P60s stamped by your employer. if not have soft copies and also get a letter from HMRC showing your tax history (not employment history as that takes longer apparently) for last 5 years. it takes 7-10 days for letter to arrive.

2- not sure about your child but your wife cant apply as she is not currently on your dependant visa. your wife will need to apply for leave to remain as your dependent (she may have to leave the country to do so) if she wants to apply with you. otherwise she will have to apply for leave to remain after your get your ILR. or she can wait till she completes 5 years on Tier 1 . i think your child can apply for citizenship once you get your ILR but i am not sure.

search the forum, both questions have been answered many times.

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Feb 22, 2011 11:45 am

To change status from Tier 1 (General) migrant to that of dependant of Tier 1 (General) migrant, one cannot apply for leave to remain. One must apply for entry clearance from outside the UK.

If both your child and wife change their status (to dependants) before you apply for settlement, and you can provide evidence of cohabitation (with your wife) in the 2 years preceding the application, then both dependants may be eligible to apply for settlement at the same time as you. (319E and 319J)

Alternatively, after you are granted settlement your wife may apply for leave to remain as spouse of settled person, and apply for settlement after she's spent 2 years in the UK (as spouse of settled person).

Or continue as a Tier 1 (General) migrant, and apply for settlement as and when she is eligible (2013?).

Where was your child born?


regards

Vijays
Newly Registered
Posts: 3
Joined: Tue Feb 22, 2011 4:04 am

Post by Vijays » Wed Feb 23, 2011 6:07 am

Thanks very much for your replies.

My Child was born in India.
My wife has to go for Tier 1 extension in Sept 2011 But she is not working since 6 months. Can they apply for Further Leave to Remain as a dependant for me(I am on work permit Tier 2) here in UK or Do they have to apply from India?

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Wed Feb 23, 2011 2:09 pm

Vijays wrote:Can they apply for Further Leave to Remain as a dependant for me(I am on work permit Tier 2) here in UK or Do they have to apply from India?
sushdmehta wrote:To change status from Tier 1 (General) migrant to that of dependant of Tier 1 (General) migrant, one cannot apply for leave to remain. One must apply for entry clearance from outside the UK.

regards

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