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Spouse ILR 28 days prior to 2years

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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vrsuk
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Joined: Fri Aug 02, 2013 6:12 pm

Spouse ILR 28 days prior to 2years

Post by vrsuk » Fri May 09, 2014 3:58 pm

Hi

I have tried many ways to find my answer couldn't able to trace. Hope someone from this forum help me.

Please confirm whether shall we apply spouse ILR before 28 days of 2 years qualification period. Honestly this 28 days is not critical for me but my landlord asked us to move out from their home to sellout, which is big concern for me, as you know getting all the documentation with new address will take time, that is why I would like to close this project and move out from that property.

I will appreciate if any one has applied before 28 days? and any reference to home office guidelines are much appreciated.

Thanks
VRS

WR1
Senior Member
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Joined: Sat Jan 04, 2014 11:08 am

Re: Spouse ILR 28 days prior to 2years

Post by WR1 » Fri May 09, 2014 7:29 pm

Yes, you can apply for ILR 28 days before the 2nd anniversary of the date of entry and up until the expiry date of the visa.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

vrsuk
Newbie
Posts: 34
Joined: Fri Aug 02, 2013 6:12 pm

Re: Spouse ILR 28 days prior to 2years

Post by vrsuk » Fri May 09, 2014 8:33 pm

Hi

Thanks for reply, however some if the forum members suggesting to complete.

Can u see below thread and feedback me pls,

http://www.immigrationboards.com/indefi ... 73809.html

WR1
Senior Member
Posts: 764
Joined: Sat Jan 04, 2014 11:08 am

Re: Spouse ILR 28 days prior to 2years

Post by WR1 » Fri May 09, 2014 10:07 pm

Please look at the Set(M) guidance notes (PDF) on the gov website:

https://www.gov.uk/government/uploads/s ... _04-14.pdf

On page 3, It states on section 5 heading when to apply:
5 WHEN TO APPLY
You and any children under 18 who are applying
with you should apply before the end of your/their
permitted stay in the UK when you are nearing
completion of the 2-year qualifying period required
by the Immigration Rules.

Please do not apply more than 28 days before
completing that period
.
So according to the guidance notes provided by the home office, you can apply 28 days before completing the complete 2 year qualifying period, but not more than 28 days.

Hope this helps

WR
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

vrsuk
Newbie
Posts: 34
Joined: Fri Aug 02, 2013 6:12 pm

Re: Spouse ILR 28 days prior to 2years

Post by vrsuk » Fri May 09, 2014 10:12 pm

Great, this is fantastic, thanks very much for your help.


You are really a star mate

Regards
VRS

Amber
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Re: Spouse ILR 28 days prior to 2years

Post by Amber » Fri May 09, 2014 10:15 pm

That other post was from 2011 :shock:
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vrsuk
Newbie
Posts: 34
Joined: Fri Aug 02, 2013 6:12 pm

Re: Spouse ILR application form type?

Post by vrsuk » Mon Jun 02, 2014 4:41 pm

Hi Amber,

Can you please confirm below, thanks for for your help.

I came to UK in 2008 as a work permit holder (Main applicant) and switched Tier-2 and got my ILR in Sept-2013. However my wife Tier-2 dependent visa was still valid when I applied ILR and continued like that her stay. Now she is completed qualifying period of 2yrs as she came before 09 July 2012.

Which form shall I use to apply ILR to her, is it form SET (M) as she is dependent to settled person? or based on her previous leave to remain condition she need to use SET (0) form.

Thanks for confirming experts, I'm totally confused here!!!

Regards
VRS

Amber
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Re: Spouse ILR 28 days prior to 2years

Post by Amber » Mon Jun 02, 2014 9:34 pm

SET(O) if she's still a PBS dep.
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vrsuk
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Joined: Fri Aug 02, 2013 6:12 pm

Re: Spouse ILR 28 days prior to 2years

Post by vrsuk » Mon Jun 02, 2014 10:18 pm

Thanks Amber,

If it is SET(O), what abt me as a main applicant will she refer in her appln?

New form is released today with 75 pages in it

Regards

Amber
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Re: Spouse ILR 28 days prior to 2years

Post by Amber » Tue Jun 03, 2014 7:41 am

No, she will be the main applicant.
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vrsuk
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Joined: Fri Aug 02, 2013 6:12 pm

Re: Spouse ILR 28 days prior to 2years

Post by vrsuk » Tue Jun 03, 2014 8:22 am

Ok, thanks.

Can she apply 28 before qualification period.

Sorry for keep asking as previously u refereed set(m), again checking is there any difference.

Regards

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