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Urgent help needed for ILR application for spouse

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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itsmeraj
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Urgent help needed for ILR application for spouse

Post by itsmeraj » Fri Feb 08, 2013 12:52 am

Hi Guys,

Thanks for running this forum.
I entered UK in Dec 2007 on WP have been in UK till now (last three years tier2 visa) without any break hence qualify for ILR now.

My wife entered UK in Jun 2010 on her Tier 2 visa.
SHe went to india on maternity leave in Aug 2012 and shifted to my tier2 dependent visa and came to UK in Dec 2012 and joined her job back.

Now my query is will she be eligible to apply for ILR along with me?
I have proofs of co-habitation in UK for nearly 2.5 years.

One thread says that she need not be on dependent visa for 2 years but should be in UK and married
http://www.immigrationboards.com/viewtopic.php?t=79378

But I have recieved various confusing statemtns some saying she qualifies and some saying she does not.Please help.
I have appoinment on Feb 15 th 2012.
Last edited by itsmeraj on Fri Feb 08, 2013 9:49 am, edited 1 time in total.
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wpilr_nov12
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Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Fri Feb 08, 2013 3:18 am

How have you calculated your five years? Check your entry date.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.
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itsmeraj
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Posts: 7
Joined: Thu Aug 16, 2012 10:23 am
Location: London

Post by itsmeraj » Fri Feb 08, 2013 9:48 am

Sorry Guys.

I did a mistake in reproting my dates.
I entered UK in Dec 2007 on WP have been in UK till now (last three years tier2 visa) without any break hence qualify for ILR now.

I am pretty sure i qualify for ILR and have all th required documents.

It is my wife ILR eligibility which is bothering me.

Please advise.
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itsmeraj
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Posts: 7
Joined: Thu Aug 16, 2012 10:23 am
Location: London

Post by itsmeraj » Fri Feb 08, 2013 10:07 am

Can any one please help or advise?

What surprises me is I find only myself in this situation.I have browsed through the lenght and breadth of this forum and see no one else posing this query.

Clarion call to all gurus for HELPPPPPP!!!!!!!!!!!!!!!!!!!!!!!!!!
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psTier1
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Joined: Mon Oct 24, 2011 11:41 am

Post by psTier1 » Sat Feb 09, 2013 10:30 pm

Your wife is eligible for ILR. She can apply with you.
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uksettlement
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Post by uksettlement » Sat Feb 09, 2013 10:45 pm

itsmeraj wrote:Can any one please help or advise?

What surprises me is I find only myself in this situation.I have browsed through the lenght and breadth of this forum and see no one else posing this query.

Clarion call to all gurus for HELPPPPPP!!!!!!!!!!!!!!!!!!!!!!!!!!
Yes she qualifies
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.
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itsmeraj
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Location: London

Post by itsmeraj » Sat Feb 09, 2013 11:28 pm

Thank you for your quick response. Can you please point me out which section of immigration rule I can quote to prove her qualification. Cause everytime I call Ukba they say since she was granted dependent visa after 9th july 2012 she needs to be two years as dependent . What us not clear us does the rule talk about first entry or entry as a dependent visa.
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uksettlement
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Post by uksettlement » Sun Feb 10, 2013 12:02 am

itsmeraj wrote:Thank you for your quick response. Can you please point me out which section of immigration rule I can quote to prove her qualification. Cause everytime I call Ukba they say since she was granted dependent visa after 9th july 2012 she needs to be two years as dependent . What us not clear us does the rule talk about first entry or entry as a dependent visa.
But in your previous post you have mentioned that she came to uk in jun 2010? If she joined in jun 2010 then she qualifies so there isn't any confusion.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.
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itsmeraj
Newly Registered
Posts: 7
Joined: Thu Aug 16, 2012 10:23 am
Location: London

Post by itsmeraj » Mon Feb 11, 2013 1:03 am

Thanks for looking in my case.
Yes. She came to uk on her tier 2 visa in Jun 2010
She got married to me on May 2010.

Now in 2012 (last year) she went home on maternity leave and got shifted to my dependent visa in Nov 2012 and entered Uk on this visa in dec 2012.

The confusion is - It seems the spouse needs to be on "DEPENDANT" visa for two years if dependent visa was granted before july 2012.
Clubbing of tier2 visa with dependant visa wont work.

So I need a clarification can she club her tier 2 visa period in UK (2.5 years)along with her depedant visa period (3 months) to be eligible for ILR?

We have marriage certifcate and other co-habitation proofs for these 2.8 years
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