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A candidate question for FAQ?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Cosmopol
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Posts: 439
Joined: Fri Sep 12, 2003 2:01 am
Location: London

A candidate question for FAQ?

Post by Cosmopol » Tue Oct 14, 2008 4:34 pm

Having gone through the FAQs in this question, I note that the questions of spouses with insufficient qualifying period is not covered for ILR, nor for naturalisation applications.

I.e., in a scenario where the dependant spouse of a qualified applicant has joined him / her in the middle of the qualifying period, could they be then included in subsequent applications despite not having spent sufficient time in the UK?

I believe the answer is "Yes" for ILR applications, but not sure regarding naturalisation.

Also, a subset of this question would be "must they be in the dependant status"? The guidance from HO only states one may include spouse and children under 18 IF they are applying as dependants.

So if someone has spent 5yrs on a work permit, and their spose has recently qualified for Tier 1 - say, just to insure against the main status holder losing that job - would they still be eligible to apply "as dependants", or do they need to first switch back into WP Dependant status?

These may be minor points, but it would be interesting to hear if anyone had experience or is aware of specific rules / cases. Perhaps this can be made part of FAQ if these angles are of general interest... :roll:

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