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Spouse's ILR Eligibility doubt

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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tier1holder
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Posts: 14
Joined: Fri Apr 01, 2011 10:55 am

Spouse's ILR Eligibility doubt

Post by tier1holder » Mon Oct 21, 2013 11:34 am

Hi,

Seniors, can you please clarify me whether my wife is eligible for applying for ILR dependent.

here is her immigration history.

Initially she entered UK on my Tier 1 general dependent on 20/05/2010. She left the UK to India for delivery in Jan 2011 and her visa expired in May 2011.
She applied again for entry clearance in August 2011 and entered UK as my tier 1 general dependent in Sept 2011. She applied for further leave to remain (extension) as my tier 1 dependent in March 2013 and granted dependent visa until 2015.

As I had long absences from UK, I could able to split the absences to spread across 2 years and I got my ILR in Sept 2013.

I am planning to apply for ILR for my spouse in November. Is she eligible for ILR now.

My doubt is as she went for further leave to remain in March 2013 will this force her to stay as dependent for 5 years before applying for ILR? Or only entry clearance is matter to decide the dependent's ILR qualifying period?

Thanks in advance.
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Damanisshallo
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Posts: 1235
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Re: Spouse's ILR Eligibility doubt

Post by Damanisshallo » Mon Oct 21, 2013 1:00 pm

tier1holder wrote:Hi,

Seniors, can you please clarify me whether my wife is eligible for applying for ILR dependent.

here is her immigration history.

Initially she entered UK on my Tier 1 general dependent on 20/05/2010. She left the UK to India for delivery in Jan 2011 and her visa expired in May 2011.
She applied again for entry clearance in August 2011 and entered UK as my tier 1 general dependent in Sept 2011. She applied for further leave to remain (extension) as my tier 1 dependent in March 2013 and granted dependent visa until 2015.

As I had long absences from UK, I could able to split the absences to spread across 2 years and I got my ILR in Sept 2013.

I am planning to apply for ILR for my spouse in November. Is she eligible for ILR now.

Yes, She's eligible anytime now as she's completed her 2 yrs qualifying period and doesn't falls under new rules.

My doubt is as she went for further leave to remain in March 2013 will this force her to stay as dependent for 5 years before applying for ILR? Or only entry clearance is matter to decide the dependent's ILR qualifying period?

Please read transitional provisions.

Thanks in advance.
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Amber
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Post by Amber » Mon Oct 21, 2013 1:53 pm

Please continue in your other thread
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