Applying for ILR

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Applying for ILR


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Old 17th January 2014, 09:20 PM
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I am a little confused, if someone arrived in the UK on a spouse visa January 2012 can they now apply for ILR this year?

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Old 17th January 2014, 09:25 PM
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Quote:
Originally Posted by skinnie58 View Post
I am a little confused, if someone arrived in the UK on a spouse visa January 2012 can they now apply for ILR this year?
No - If your visa application is successful, we will grant you a visa for 33 months. Shortly before the end of that period, you can apply for further leave to remain in the UK. If you still meet the requirements you will be granted permission to stay for a further period of 30 months. Once you have completed 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, you can apply to settle here. This is known as 'indefinite leave to remain'.
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Old 17th January 2014, 09:37 PM
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Thanks, that is what I thought, so now I can explain better to my friend.

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Old 17th January 2014, 09:43 PM
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Sel's information is incorrect. If you were granted a spouse visa before 9 July 2012 you are under the old rules. That means you are eligible for ILR after living in the UK for 2 years under a spouse visa. If they arrived in the UK on a spouse visa in January 2012 then they are eligible for ILR as long as they have passed the Life in the UK test and an English test if necessary.

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Old 17th January 2014, 10:44 PM
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I have similar query, please advice me here

Scenario - I am a Tier 2 ICT long term staff Visa holder since 2008 Applying for ILR in Jan2014.
I & my wife have been married since July 2011 & living together in the UK (Can show Marriage certificate & proof of stay)
My wife has been in UK during July 2011 OCT 2013 on her own Tier 2 ICT long term staff Visa , & Switched to PBS dependant Visa since October 2013
Note My wife had been away to India on vacation during July Octo. 2013


Query Is my wife Eligible for applying ILR along with me. Please guide .
Not able to decide if she falls under 2 year criteria for Applying ILR as opposed to 5 years as per rules before 9th July 2012 ?

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Old 18th January 2014, 08:44 AM
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Quote:
Originally Posted by Sel View Post
No - If your visa application is successful, we will grant you a visa for 33 months. Shortly before the end of that period, you can apply for further leave to remain in the UK. If you still meet the requirements you will be granted permission to stay for a further period of 30 months. Once you have completed 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, you can apply to settle here. This is known as 'indefinite leave to remain'.
The information supplied is for applicants who applied after July 2012.

apologizes

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Old 18th January 2014, 11:11 AM
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Hi,

My wife is living in uk with me for past 2 years in marriage. The issue is initially she came on company visa tier2 ICT and now 2 moths back she switched to dependent visa. Will she be eligible to apply for ILR along with me (i have completed my 5 years) under the 2 year category.

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Old 18th January 2014, 11:27 AM
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Quote:
Originally Posted by mona25783 View Post
I have similar query, please advice me here

Scenario - I am a Tier 2 ICT long term staff Visa holder since 2008 – Applying for ILR in Jan2014.
I & my wife have been married since July 2011 & living together in the UK (Can show Marriage certificate & proof of stay)
My wife has been in UK during July 2011 – OCT 2013 on her own Tier 2 ICT long term staff Visa , & Switched to PBS dependant Visa since October 2013
Note – My wife had been away to India on vacation during July – Octo. 2013


Query – Is my wife Eligible for applying ILR along with me. Please guide .
Not able to decide if she falls under 2 year criteria for Applying ILR as opposed to 5 years as per rules before 9th July 2012 ?
Since she switched to PBS dependant leave after 9th July 2012, she must have lived with you in UK for 5 years. So she can't apply till July 2016.

Quote:
have been living with the PBS migrant in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership for at least:
five years – for applicants granted leave as the partner of a PBS migrant under the rules in place on or after 9 July 2012, who have since had continuous leave in that category and, during that period, have met all the requirements of paragraph 319C (a) to (e)
If she had switched to PBS dependant before 9th July 2012, she could have applied with you, or soon after (2 years after switching).

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Old 18th January 2014, 11:47 AM
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HI Zoppa, thanks for your quick reply.

However you have provided different detail i my earlier post where you have mentioned being on two different type of visa for 2 years is ok and you can apply for ILR. Posting your response from different thread for the same query below. Can you please advice which one is correct.

13th January 2014, 02:22 AM post - settlement in uk

Zoppa:

The conditions for you to be granted ILR at the same time as your husband (applying together) are that you have lived with your husband for 2 years in UK, and you hold dependant visa for Tier 2 ICT migrant (you don't need to hold it for 2 years), which you seem to fulfil.
See Para 319F of UK Border Agency | Family members of relevant points-based system migrants
Have you both passed Life in the UK test and meet English language requirement? Has your husband been on a relevant visa for 5 years?

moa25783:

Thank you Zoppa for your reply.

I was not on tier 2 ICT dependent visa for 2 years. I was initially on my own tier2 visa. I became dependent on my husband recently in nov 2013. will they count previous period when i was not on dependent visa but stayed with my husband for 2 years in UK?

Also is it continuous 2 years or 90 days gap is considered?

Thanks.

Zoppa:

You are fine on being on another visa prior to ICT dependant.
90 days' absence is fine.

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Old 18th January 2014, 12:04 PM
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I think I was wrong in my earlier advice (or you didn't provide enough details). You definitely need to be in UK for 5 years before you can apply for ILR.

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