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10 Year ILR or 5 Year ILR - Which one is beneficial

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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hayat2014
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Joined: Mon Mar 03, 2014 12:31 pm

10 Year ILR or 5 Year ILR - Which one is beneficial

Post by hayat2014 » Wed Sep 09, 2015 12:05 pm

Hello

I have completed 10 years legally in uk.
Next year september i will complete 5 years on PBS Tier 2.

Can you please share you views on which route shall i take( is better in terms of dependents getting ILR sooner)

I met a lawyer and he said wait for another 12 months and apply for 5 year route.

As rules keep changing, what in your opinion is best. I have a stable job and dont see any problem with job untill next year.

My current visa is valid until sep 2017

Many thanks in advance

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CR001
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Re: 10 Year ILR or 5 Year ILR - Which one is beneficial

Post by CR001 » Wed Sep 09, 2015 12:10 pm

How long has your partner been in the UK?

If you apply for ILR based on long residence, you partner needs to switch to FLR(M) and the clock for ILR will be reset to zero and they will have to wait a new 5 year period before qualifying for ILR.

If you apply as Tier 2 plus dependant (if partner qualifies), then you can apply for ILR at the same time.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hayat2014
Newbie
Posts: 41
Joined: Mon Mar 03, 2014 12:31 pm

Re: 10 Year ILR or 5 Year ILR - Which one is beneficial

Post by hayat2014 » Wed Sep 09, 2015 12:36 pm

My partner is with me since Jan 2011 she joined me as psw dependent.

I got Tier 2 General in Septempber 2011 and my partner got the pbs dependent at the same time, she will also complete 5 years on September 2016.

will she be able to apply for ILR same time as me if i apply in September 2016

Kind Regards

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CR001
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Re: 10 Year ILR or 5 Year ILR - Which one is beneficial

Post by CR001 » Wed Sep 09, 2015 12:41 pm

She only needs 2 years residence given that she has been here since 2011 and is under the old rules.

If you apply based on Tier 2 next year in September, she will qualify for ILR at the same time as you.

Much quicker option for her to get ILR than if you apply based on long residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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