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Spouse settlement visa,Please Help....

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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helloimran
Junior Member
Posts: 77
Joined: Sun Aug 10, 2008 2:11 pm

Spouse settlement visa,Please Help....

Post by helloimran » Thu Jul 21, 2011 10:56 pm

Dear respected members,

I got ILR four months ago under 10 years long resident basis (seven years student and 3 years Tier 1 General) and my wife got 2 years spouse visa,i applied FLR(M) for her with my application.

She came to UK in June 2007 on my student dependant and then i got Tier 1 General in October 2008 and she got Tier 1 dependant accordingly till the time i applied ILR in march 2011.

Now my big concern is that recently i came to know that i should have applied ILR for her alongside my ILR application as she has been in UK for two year under PBS dependant category .
I called to Home Office today and did not get any reasonable response.
Can you kindly have a look the following links?

http://www.uk-wp.com/2011/07/08/ukba-co ... a-holders/

please refer to 287d for following link,

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

Please advice me can i apply for settlement visa (ILR) for my wife?

Waiting for kindly response.

Thanks........

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Jul 21, 2011 11:03 pm

You made an application for ILR on the basis of 10 years Long Residence. As regards such applications there is no "drag along". So it was right that you made no ILR for your wife, but instead used form FLR(M) to get her a 2-year spouse visa.
John

helloimran
Junior Member
Posts: 77
Joined: Sun Aug 10, 2008 2:11 pm

Post by helloimran » Thu Jul 21, 2011 11:33 pm

Thanks john for your prompt response.
Can i apply ILR for my wife immediately as she has already spend two years, as refer to rules 287d.

Thanks...

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Fri Jul 22, 2011 7:06 am

No.
John

helloimran
Junior Member
Posts: 77
Joined: Sun Aug 10, 2008 2:11 pm

Post by helloimran » Fri Jul 22, 2011 2:40 pm

Thanks for your reply john.

I spoken to one solicitor firm and they assured me that they can apply ILR on my wife behalf but i really do not want to pay any money to them.i want to apply myself.

Can you please explain bit more why she is not eligible for ILR?

Thanks........

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Jul 22, 2011 2:54 pm

Perhaps yes, after grant of FLR(M).
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.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sat Jul 23, 2011 12:00 am

vinny wrote:Perhaps yes, after grant of FLR(M).
I agree.

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