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Question about ILR with my wife

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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adsi
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Question about ILR with my wife

Post by adsi » Wed Jul 18, 2012 3:20 pm

Dear members,

I have a question about when my wife and I can apply for ILR together. My current Tier 1 visa is valid until 10/June/2013. My wife got her Tier 1 dependant visa in May/2011 and arrived in UK on 11/June/2011. I can apply for ILR from now. For economical reason, we decide to apply for the ILR together in 2013. UKBA website said partner needs to spend two years in UK before she can apply ILR with me. However, from the 11/June/2011 to 10/June/2013 is exactly two years. Does that mean we can only apply for ILR on the last day (10/June/2013) of my Tier 1 visa? Or can we apply for it 28 days before our visa expiry date?

Cheers,

Adsi
Last edited by adsi on Thu Jul 19, 2012 10:12 am, edited 1 time in total.

gaurav76.5
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Post by gaurav76.5 » Wed Jul 18, 2012 3:47 pm

you could apply 28 days before your visa expiry date but unfortunately your wife can't as she hasn't completed 2 years as a dependent relative...She would have to wait until you get your ILR............

adsi
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Post by adsi » Wed Jul 18, 2012 3:53 pm

Thanks gaurav's reply. As 11/June/2011 to 10/June/2013 is exactly two years time. Do you think it is ok if both of us apply for ILR on the day of 10/June/2013? If so, we will try to book a PEO appointment on that day.

gaurav76.5
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Post by gaurav76.5 » Wed Jul 18, 2012 4:11 pm

Its upto you..if I had been you I would have waited for 2 to 3 days more..

adsi
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Post by adsi » Wed Jul 18, 2012 4:19 pm

Trouble is, if we wait for 2 -3 days more, our visas are expired. We then stay illegally in the UK.

gaurav76.5
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Post by gaurav76.5 » Wed Jul 18, 2012 4:54 pm

i didn't realised that...you would have to take a chance in that case...

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longshift
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Post by longshift » Wed Jul 18, 2012 5:03 pm

So long you and your wife have full qualifying period on your visas you can apply upto 28 days early for ILR. So that means, you and your wife both can apply upto 28 days of your visa expiry.

adsi
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Post by adsi » Thu Jul 19, 2012 11:16 am

Thanks longshift, the UKBA website is not clear about if the partner can apply up to 28 days early for ILR if the partner has full qualifying period (2 years) on Visa but actual stay is a little shorter than 2 years. I think I will give it a try with PEO appointment. If it is not successful, I will post out our ILR application on the last day of my Tier 1 visa. In this situation, when a case worker opens my application, my wife already in the UK for 2 years + a few days.

adsi
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Posts: 10
Joined: Thu Jun 19, 2008 3:10 pm

Re: Question about ILR with my wife

Post by adsi » Wed Feb 24, 2016 10:39 am

I think I should give an upate for my case geting ILR for both me and my wife. We made an PEO appointment on 10th/Jun/2013, which is the last day of our Tier 1 visa, in Solihull for ILR application. The ILRs are granted on the same day.

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