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ILR eligibility
Posted: Thu Jul 05, 2012 4:17 am
by shreeimmigrat
Hi All
I am eligible for my ILR on 21st July on HSMP tire1 general and my wife hasn’t finished 2 years dependent stay yet she is shot of 9 months so I have to apply for her FLR or can she apply ILR as she was hear in uk before as well her stay history
20 aug 2006 to 21 dec 2006 as dependent psw
29 nov 2007 to 8 july 2009 as hsmp tire 1
10 mar 2011 to till date as hsmp dependent
Can anyone suggest
thank you
Posted: Thu Jul 05, 2012 12:00 pm
by asim72
Residence before she became hsmp dependant will not count, so....................
Posted: Thu Jul 05, 2012 1:40 pm
by adi_khaneng
See below-- Asim answer contradicts with the below answer. I will let other to comments but according to me if you have cohab - proof you should be ok.
Q12 - Will my spouse / partner qualify with me for ILR?
Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant.
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK and can apply for settlement separately (196D).
For all other economic migrants (Tier 1 (General), Tier 2), (spouse/partner) dependants must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" period need not be as a "dependant" or "continuous".
Initial application for leave as PBS dependant made after 08-Jul-12: The PBS dependant will be eligible for settlement only after completing "5 year probationary period" as a PBS dependant.
Posted: Thu Jul 05, 2012 2:38 pm
by asim72
Yes, if your Q2 assesment is sound then it seems she will qualify.
(but wait for pbs experts)