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ILR: few queries and clarifications

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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ilrapplicant
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Posts: 6
Joined: Tue Nov 02, 2010 7:56 pm

ILR: few queries and clarifications

Post by ilrapplicant » Wed Nov 03, 2010 10:29 am

Dear Members,
I have gone through messages posted on the forum and have gained a lot of information. I still have many queries/clarifications, which I hope anybody would be kind enough to answer.
I am a doctor and have been stamped with a WP visa on 06 Feb 2006. I then switched over to HSMP in Dec 2006 for 2 years and then to T1 from Nov 2008 for 3 years.
1.According to my calculations, 06 Feb 2011 would complete my 5 yr qualifying period & from 28 days prior to that I can apply for ILR. Is that correct?
2. My wife applied as my dependent from India and obtained entry clearance visa on 24 Feb 2006. She has had her visa extended from then, as an dependent, every time along with my application. If applying for ILR as my dependent, will her qualifying period be from 26 Feb 2011 or the same as mine? In summary does the qualifying period rule apply only to the main applicant?
3. Do the absences from UK count for the dependents as well? My wife was away from UK for 6 months when we had our baby in India. In addition, she was also away from UK for about 8 weeks at different times in the last 5 years.
4. If applying in person at PEO, do the dependents need to be be present in person?

I am sure there will be more questions as I start to fill in the form.
Thanks for taking the time to read this.

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Nov 03, 2010 11:30 am

1. Your qualifying period started when you entered the UK on your work permit visa. You may apply for ILR (245E) no sooner than 28 days prior to the completion of your qualifying period.

2. Your wife may apply for ILR with you, subject to 319E.

3. Subject to 319E(d).

4. Probably.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
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United Kingdom

Re: ILR: few queries and clarifications

Post by geriatrix » Wed Nov 03, 2010 12:12 pm

ilrapplicant wrote:4. If applying in person at PEO, do the dependents need to be be present in person?
Your choice, whether or not you want to take them along.


regards

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