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ILR-10 year legal stay

Posted: Sat Apr 10, 2010 6:02 pm
by nishsil
Hi everyone,

I have bit of a tricky situation. Im planning to apply for 10 year based ILR in june this year. and my wife is in PSW dependant visa catagary at the moment which expires next year(2011) march. my wife needs to travel abroad in August(2010) for her sisters wedding, so needs to have her passport with her.

What I'm worried is, if I apply for ILR in june this year with out applying for my wife's visa on FLR(M) at the same time and if I dont get my passport(with the ILR decided) from home office before my wife's visa run out in march 2011, can we apply using the FLR(M) form with my ILR application(SET(O)) acknowledgment letter from the home office to extend my wife's visa?

Why I'm worried this much is I've been reading in the forums that it some times takes longer than 9-10 months to decide ILR in 10 year catagory.

So please advise me wether this is posible and whats the procedure in that kind of a situation.

Thanking you all in advance...

Re: ILR-10 year legal stay

Posted: Sat Apr 10, 2010 11:18 pm
by joh118
nishsil wrote:Hi everyone,

I have bit of a tricky situation. Im planning to apply for 10 year based ILR in june this year. and my wife is in PSW dependant visa catagary at the moment which expires next year(2011) march. my wife needs to travel abroad in August(2010) for her sisters wedding, so needs to have her passport with her.

What I'm worried is, if I apply for ILR in june this year with out applying for my wife's visa on FLR(M) at the same time and if I dont get my passport(with the ILR decided) from home office before my wife's visa run out in march 2011, can we apply using the FLR(M) form with my ILR application(SET(O)) acknowledgment letter from the home office to extend my wife's visa?

Why I'm worried this much is I've been reading in the forums that it some times takes longer than 9-10 months to decide ILR in 10 year catagory.

So please advise me wether this is posible and whats the procedure in that kind of a situation.

Thanking you all in advance...
your visa status remains in the category you are in when you apply until your case is decided. so if you apply when you are on the PSW then you will remain being in PSW even if your visa expires, whilst they are deciding. until they decide, you will be in PSW.

I think it'll be fine. but do check with a lawyer or an expert as this may be more complicated.

Posted: Sun Apr 11, 2010 11:01 am
by nishsil
Hi joh118,

Thank you for your advise.

So do you think worst come to worst can she apply on FLR(M) with my ILR acknowledgemet letter in march 2011?

Any ideas from others as well please...

Thank you...