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ILR for Wife from Tier 1General Dependent
Posted: Tue Mar 11, 2014 10:53 am
by a.agrawal
Hi,
I am going for my ILR visa to PEO Croydon next week on 21 Mar 2014, I had been on Tier 1 General for last 5 year.
My wife joined me 1 Yr 10 month back in UK and she is will be eligible for ILR in next 2 months, the reason I am not waiting for her to finish 2 months and then apply together is because we are expecting our 1st baby to arrive any time soon now and I came to know that if I will have ILR at the time of baby's birth then the baby will get British citizenship directly. And I don't want to risk of getting Indian citizenship and then convert it to British citizenship,its might be a big hassle.
Question I have is which form will I be require to fill for my wife when she will apply for her ILR. FLM,SET(M) ???
Is there any if/but's if my wife apply separately for her ILR visa???
Thanks,
Re: ILR for Wife from Tier 1General Dependent
Posted: Tue Mar 11, 2014 11:17 am
by CR001
Set(O) when she qualifies and meets the standard requirements for ILR
Re: ILR for Wife from Tier 1General Dependent
Posted: Mon Mar 17, 2014 4:18 pm
by a.agrawal
Are you sure...
Check this post...
http://www.immigrationboards.com/indefi ... 46742.html
Also SET(M) says ...
"Application For Indefinite Leave To Remain In The UK as The Partner of a Person Present and Settled in The UK and a Biometric Immigration Document"
Re: ILR for Wife from Tier 1General Dependent
Posted: Mon Mar 17, 2014 5:34 pm
by CR001
To apply for ILR on Set(M), she would need to be on FLR(M).
See Tier 1 section in link below for PBS dependents :
http://www.immigrationboards.com/immigr ... 14832.html
Re: ILR for Wife from Tier 1General Dependent
Posted: Mon Mar 17, 2014 5:52 pm
by Amber
CR001 is correct, SET(O) under PBS dep. B1 English and LIUK required.
Re: ILR for Wife from Tier 1General Dependent
Posted: Tue Mar 18, 2014 11:05 am
by a.agrawal
thanks CR001 and Amber for clarifying this....
Could you also help me in understanding this puzzle of Tier 1 Dependent => ILR
My wife got her visa in April 2012 as Tier 1 Dependent till 2013, we both went for extension and currently she is on tier 1 dependent visa till 2016. She will be completing her 2 years in April 2014 in UK.
Now I am going for ILR this weekend as I have completed 5 years...
Q1 : Once I get ILR so do I need to change my wife visa to something else, because she will have tier 1 dependent visa and her main applicant is now on ILR.???
Q2 : Will she be require to complete 2 years or 5 years in UK to be eligible for ILR, one of my friend told me that her wife will require to complete 5 years to be eligible for ILR.???
Q3 : Sort of related to Q1, but in SET (O) form shall I write my wife's details in Section 1 "Applicant Details" and leave Section 2 "Dependent Who are Applying" blank. Section 3 should I be ticking Section B "PBS Dependent" ???
Thanks,
Anurag
Re: ILR for Wife from Tier 1General Dependent
Posted: Tue Mar 18, 2014 1:00 pm
by CR001
a.agrawal wrote:thanks CR001 and Amber for clarifying this....
Could you also help me in understanding this puzzle of Tier 1 Dependent => ILR
My wife got her visa in April 2012 as Tier 1 Dependent till 2013, we both went for extension and currently she is on tier 1 dependent visa till 2016. She will be completing her 2 years in April 2014 in UK.
Now I am going for ILR this weekend as I have completed 5 years...
Q1 : Once I get ILR so do I need to change my wife visa to something else, because she will have tier 1 dependent visa and her main applicant is now on ILR.??? No, she can stay on PBS dependent visa
Q2 : Will she be require to complete 2 years or 5 years in UK to be eligible for ILR, one of my friend told me that her wife will require to complete 5 years to be eligible for ILR.??? 2 years as she falls under the transitional rules of pre July 2012
Q3 : Sort of related to Q1, but in SET (O) form shall I write my wife's details in Section 1 "Applicant Details" and leave Section 2 "Dependent Who are Applying" blank. Section 3 should I be ticking Section B "PBS Dependent" ??? Correct
Thanks,
Anurag
Would it not make sense to apply for your and your spouse ILR at the same time and use 1 form?? She can apply 28 days before she reaches the 2 year residence requirement.
Re: ILR for Wife from Tier 1General Dependent
Posted: Wed Mar 19, 2014 11:39 am
by a.agrawal
Thanks Char....
My wife is missing her degree certificate and it will take around 2 months to get it from university in India... and like I mention we are expecting our baby which might come any time now, so I just want to have ILR to cover it...
Thanks,
Anurag