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ILR ten years route and dependants
Posted: Tue Apr 23, 2019 5:34 pm
by Josef_26
Hi
I am currently on Tier 4 dependent visa (expiry- 2021). My wife (Tier 4 student) recently got the ILR. I will be eligible for ILR in May. Can you please advise if my current Tier 4 dependant visa is still valid?
Also, how do our daughter, also on Tier 4 dependant visa (3 yrs, born outside the UK) change her visa status as shes not eligible for ILR?
Thank you in advance.
Re: ILR ten years route and dependants
Posted: Tue Apr 23, 2019 11:13 pm
by zimba
The visa is valid but you cannot stay under PBS dependant route as your wife was granted ILR under the long residence. UKVI can curtail your visa or refuse your entry to the UK if you travel.
You must switch to FLR(M) (the 5 year partner route) which has income and English language requirements. This also means that you cannot get ILR unless you remain under the FLR(M) for 5 years or reach the 10 years for long residence, whichever sooner. Your daughter (as a non UK born child) will also follow exactly your immigration path.
Re: ILR ten years route and dependants
Posted: Wed Apr 24, 2019 11:39 am
by Josef_26
Thank you for your reply.
I arrived in the UK on 13 May 2009. Can I apply for ILR- Long Residence now as haven't maintained any funds for the FLR(M) (the 5 year partner route). Please advise, thank you.
Re: ILR ten years route and dependants
Posted: Wed Apr 24, 2019 11:40 am
by CR001
Josef_26 wrote: ↑Wed Apr 24, 2019 11:39 am
Thank you for your reply.
I arrived in the UK on 13 May 2009. Can I apply for ILR- Long Residence now as haven't maintained any funds for the FLR(M) (the 5 year partner route). Please advise, thank you.
1. If you meet ALL the requirements for ILR based on 10 years long residence legal stay, then yes you can apply.
2. There is no 'maintenance fund' requirement for FLR(M)!!