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, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
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ua2bbs
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by ua2bbs » Sat Aug 04, 2018 1:15 am
Hi,
I was on Entp visa i got the extension in Oct 2016 and after that i applied for ILR (10 year route) in March 2017 which was accepted. I have also received my British passport in May 2018. Now i have to apply for my wife's visa she was still on the Entp Dependant visa and she will be completing her 5 years on that visa in October 2018. I was prepared to apply for her spouse visa so she can switch the visa category.
but my solicitor got in doubt she thinks that she might be eligible for ILR.
Please share your opinions and anyone who had/have similar cases please guide me as we only for few months left.
Now my question is that "IS SHE ELIGIBLE FOR INDEFINITE LEAVE TO REMAIN" or "SHE HAS TO GO ON SPOUSE VISA AND COMPLETE 5 YEARS IN ORDER TO BE ELIGIBLE FOR INDEFINITE LEAVE TO REMAIN".
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CR001
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by CR001 » Sat Aug 04, 2018 11:00 am
No she is not eligible for ILR on the PBS dependent route as you got your ILR based on long residence.
She must switch to FLR M and meet the English and financial requirements. Her 5 year clock for ILR will be reset to zero and she will need 2 x 2.5 years visas.
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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princesses123
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by princesses123 » Sat Aug 04, 2018 11:21 am
hi,
just one question,sorry to jump into this
i also got tier 1 extension and have booked appointment in this month.
i am just wondering can u let me know which
documents u submitted from tier 1 entrepreneur in this 10 year base ILR or they asked in appointment.
your reply will be much appreciated.
thanks
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ua2bbs
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by ua2bbs » Sat Aug 04, 2018 11:36 am
CR001 wrote: ↑Sat Aug 04, 2018 11:00 am
No she is not eligible for ILR on the PBS dependent route as you got your ILR based on long residence.
She must switch to FLR M and meet the English and financial requirements. Her 5 year clock for ILR will be reset to zero and she will need 2 x 2.5 years visas.
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Okie thank you for your opinion i am actually prepared for the FLR M route all the documents are prepared but my solicitor just got confused and she said she will check once again because in her understanding when she is my dependant she is still completing the full term of 5 year visa.
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ua2bbs
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by ua2bbs » Sat Aug 04, 2018 11:42 am
[quote=princesses123 post_id=1665897 time=1533378117 user_id=199289]
hi,
just one question,sorry to jump into this
i also got tier 1 extension and have booked appointment in this month.
i am just wondering can u let me know which
documents u submitted from tier 1 entrepreneur in this 10 year base ILR or they asked in appointment.
your reply will be much appreciated.
thanks
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Hi, you will be submitting the basic documents as per rules required and to be honest on the window appointment they didn't asked me a single question i sat there for 1.5 hours and they asked me to come at window and gave me confirmation letter of ILR visa
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CR001
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by CR001 » Sat Aug 04, 2018 2:22 pm
ua2bbs wrote: ↑Sat Aug 04, 2018 11:36 am
CR001 wrote: ↑Sat Aug 04, 2018 11:00 am
No she is not eligible for ILR on the PBS dependent route as you got your ILR based on long residence.
She must switch to FLR M and meet the English and financial requirements. Her 5 year clock for ILR will be reset to zero and she will need 2 x 2.5 years visas.
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Okie thank you for your opinion i am actually prepared for the FLR M route all the documents are prepared but my solicitor just got confused and she said she will check once again because in her understanding when she is my dependant she is still completing the full term of 5 year visa.
Your solicitor is wrong. The rules changed in 2014 for PBS dependents of long residence ILR holders.
immigration-for-family-members/dependan ... 43881.html
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.