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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s0787671
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by s0787671 » Mon May 06, 2013 10:30 am
Hi,
I have heard that from 2012 april, any one on Dependent visa will have to complete 5 years before applying for ILR, even if the main applicant is due for a ILR visa.
I am due for ILR in sep 2014. But my wife who has moved on a dependent visa in jan 2013, would have to keep extending her visa till she finishes 5 years before applying for ILR.
Is this really True?
Bharat
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vinny
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by vinny » Mon May 06, 2013 10:35 am
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
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Anio
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by Anio » Sun May 12, 2013 5:12 am
Just reading this and now a bit confused - I came into the UK within 90 days of entry clearance, spouse and children came 1 month later I.e. 4 months after entry clearance. Does this mean they can't apply on my ILR form with me?
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onabanjo
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by onabanjo » Sun May 12, 2013 6:21 pm
Unfortunately yes.They can not apply with you.If their visa expires ,they will have to apply for using form FLR(M).
In order to educate yourself on this please read or go through this link
http://www.immigrationboards.com/viewtopic.php?t=86454
Best of luck
Disclaimer: I am no immigration lawyer nor am I OISC qualified. Don't treat my advice as a substitute for legal opinion.
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vinny
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by vinny » Sun May 12, 2013 8:11 pm
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Amber
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by Amber » Sat Aug 31, 2013 6:28 pm
s0787671 wrote:PLEASE CLEAR MY CONFUSION
I am supposed to apply for ILR in sep 2014.
My wife had been in UK since 2009 on student and PSW visa.
She had moved to Tier 2 dependent visa on jan 2013.
MY CONCERN
I would like to know if I can apply for her visa in the same SETO application form. And is she eligible to apply for ILR at the same time as me.
I would like to give the life in UK test soon and would have her do it as we'll, if she is Eligible for it.
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Thanks in Advance
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s0787671
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by s0787671 » Sat Aug 31, 2013 7:03 pm
So according to above responses:
(My Tier 2 visa was issued in 12 oct 2009 for 3 years. Then extended till 11 nov 2014)
According to rules I can only apply 28 days before my tenure of 5y on tier 2 visa.
So I can apply for ILR on 15 sep 2014 using SETO FORM
And my wife who is on dependent visa which was issued in jan 2013 till 11 nov 2014, will have to apply after I get my ILR using FLR form.
My question being :
Isn't there a way the dependent can apply in the same form for extension. As her visa expires with mine.
Also if I apply for ILR and it takes more than two months, then her visa would expire by then.
I thought the dependent can get extensions here without leaving the country, but this whole process of applying for my visa and then applying for hers seems waste of time and money Travelling back and forward to and from home country.
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So isn't there a single form on which we both can apply?
Bharat
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s0787671
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by s0787671 » Sat Aug 31, 2013 7:25 pm
Also I read some where in point 281, that if the partner has been married for 4 years to a person who has a settled state in UK, she can automatically apply for ILR.
We got married in may 2011. So does that mean I can extend her visa using FLR form next year and then apply for ILR for her after may 2015?
Bharat
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vinny
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by vinny » Sat Aug 31, 2013 10:26 pm
No.
281 is not applicable.
There is no single form when the main applicant is applying for ILR and dependants applying for limited leave. However, they may apply at the same time; ask that the latter is processed after the former.
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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s0787671
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by s0787671 » Sat Aug 31, 2013 11:29 pm
So basically I have to apply with SETO form first and get my ILR visa. After which my wife can apply using FLR form for extension.
Does UKBA give validity to dependent for the remaining term ? So that the dependent can complete 5 year term?
Bharat