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Can I apply for ILR in UK?

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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m_u_naik
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Can I apply for ILR in UK?

Post by m_u_naik » Tue May 09, 2023 5:56 pm

My husband arrived in UK in 6 months ago on Tier2 skilled worker visa. I and my 2 kids who are in school and college too came to UK on dependent visa. Unfortunately, my husband passed away last month due to terminal illness. Can I apply for ILR just to be able to complete my children's schooling?
I have not yet received home office's letter to leave the country yet so can I still continue to work in UK and receive salary in UK bank account?
pls guide??

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CR001
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Re: Can I apply for ILR in UK?

Post by CR001 » Tue May 09, 2023 6:08 pm

Can I apply for ILR just to be able to complete my children's schooling?
Unfortunately not. There is no route to ILR for you and your children as Skilled Worker Dependent visa holders. You also have not been in the UK for very long either so UKVI will view the fact that you can easily return to your home country.

If you want to stay and work in the UK, you would have to find another visa you qualify for.
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.

m_u_naik
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Belgium

Re: Can I apply for ILR in UK?

Post by m_u_naik » Tue May 09, 2023 6:17 pm

Can I legally work in the UK till I receive the home office letter?

AmazonianX
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Re: Can I apply for ILR in UK?

Post by AmazonianX » Wed May 10, 2023 3:32 am

m_u_naik wrote:
Tue May 09, 2023 6:17 pm
Can I legally work in the UK till I receive the home office letter?
Yes you can.

Can you ask your employer to provide sponsorship?

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Ticktack
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Re: Can I apply for ILR in UK?

Post by Ticktack » Wed May 10, 2023 1:23 pm

m_u_naik wrote:
Tue May 09, 2023 6:17 pm
Can I legally work in the UK till I receive the home office letter?
Don't wait till you get the letter. Start planning ahead. It could almost be too late by then. The tone of the letter in itself, can give you worries if you don't already have something cooking.
No sin in failing, you just have to try and try again!

TitusBooker
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Re: Can I apply for ILR in UK?

Post by TitusBooker » Tue May 16, 2023 9:45 am

The general rule is that if the principal Tier 2 visa applicant dies, dependent family members retain their right to remain in the UK until their own visa expires or until the principal applicant's visa expires, whichever comes first. However, the situation may vary depending on your status and other factors, so it is recommended that you seek specialist advice. Regarding your work permit, it is important to get accurate information from your home office or immigration attorney. They will be able to assess your situation and explain how to continue working and earning a salary in the UK. Remember that the information provided here is not legal advice, and it is best to seek help from immigration law professionals for specific guidance appropriate to your situation.

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zimba
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Re: Can I apply for ILR in UK?

Post by zimba » Tue May 16, 2023 1:33 pm

TitusBooker wrote:
Tue May 16, 2023 9:45 am
The general rule is that if the principal Tier 2 visa applicant dies, dependent family members retain their right to remain in the UK until their own visa expires or until the principal applicant's visa expires, whichever comes first. However, the situation may vary depending on your status and other factors, so it is recommended that you seek specialist advice. Regarding your work permit, it is important to get accurate information from your home office or immigration attorney. They will be able to assess your situation and explain how to continue working and earning a salary in the UK. Remember that the information provided here is not legal advice, and it is best to seek help from immigration law professionals for specific guidance appropriate to your situation.
The Tier 2 route does not even exist now. The skilled worker dependants do not have any retained right of residence or such in the UK. They are here as dependents of the main applicant and are expected to leave if there is no reason for them to be here. Also, lawyers do not have some form of magical knowledge or ability to change immigration rules. The forum is riddled with posts from applicants getting terrible advice from lawyers and so-called immigration advisors. If any advice is valid, it should be based on the immigration rules in place or the case law
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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