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Dependant of ILR ok to stay on in current visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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mshivz
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Joined: Sat Jun 22, 2013 2:37 pm
Location: United Kingdom

Dependant of ILR ok to stay on in current visa

Post by mshivz » Sun Jun 23, 2013 10:59 am

Hello Respected Group,

I am writing for the first time here. Have a slightly odd situation in hand …I am on Tier 1 general expiring on May 2014 however I qualify for applying for ILR next month. We are not bothered about including my dependant spouse for ILR application as she is moving out of the country for quite some time (8-10 months) before she returns.

Now, my queries are:

1. Can she legally stay in the country in her current Tier 1 dependant visa expiring in May 2014 when I switch to ILR next month? – she might only stay till September-October 2013
2. Should I apply for FLR (M) for my spouse within 28 days after I get my ILR?

Having gone through “read before posting” and “Dependant of ILR (5 Year route)” sections it all suggests that the answer for 1 is a “yes” and 2 is a “no”

Please advise if I am wrong in thinking so

Best Regards,
mshivz

vinny
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Post by vinny » Sun Jun 23, 2013 1:28 pm

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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mshivz
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Posts: 13
Joined: Sat Jun 22, 2013 2:37 pm
Location: United Kingdom

Dependant of ILR ok to stay on in current visa

Post by mshivz » Sun Jun 23, 2013 1:39 pm

Thanks a ton Vinny

Also one other question - I am going for a in person appointment next month ... just in case if the case worker asks about why is spouse not applying with you or anything like that :-)

what stand should I take ...or just explain the situation as I have in the post

suggestions please

Best Regards,
Mayur

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

Post by vinny » Mon Jun 24, 2013 4:17 am

See also given links for more information.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mshivz
Newly Registered
Posts: 13
Joined: Sat Jun 22, 2013 2:37 pm
Location: United Kingdom

Post by mshivz » Tue Jul 16, 2013 11:11 am

Thanks Vinny

This is an incredible forum indeed - followed links deep inside found all answers

Hope my appointment goes well tmrw :-)

Best Regards,
Mayur

mshivz
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Posts: 13
Joined: Sat Jun 22, 2013 2:37 pm
Location: United Kingdom

Dependant of ILR ok to stay on in current visa

Post by mshivz » Sun Aug 18, 2013 11:31 am

Hello Dear forum ...

Hello Vinny ... glad to inform that my ILR Application went really smooth on the 17th of July ... will write about the experience and documents carried etc in a different post ....

Have a query

I am on ILR now and my wife on Tier 1 dependant expiring May 2014

Can she travel out of UK - like India, Europe and return back to UK as normal (to and fro travel within now and visa expiry May 2014) ?

would be a great help to know this - as there is not much clarity on such scenario

Best Regards,
Mayur

geriatrix
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Post by geriatrix » Sun Aug 18, 2013 11:40 am

Yes.
Life isn't fair, but you can be!

mshivz
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Posts: 13
Joined: Sat Jun 22, 2013 2:37 pm
Location: United Kingdom

Post by mshivz » Sun Aug 18, 2013 4:36 pm

Great ...

Thanks a lot for the info

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