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Spouse Dependant Ilr


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#1 elay5

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Posted 02 March 2012 - 11:30 AM

Hi,

My wife will be applying for her ILR in Sept this year.........She is currently my dependent as i am on Tier 1 which will be due for extension in Mach 2013......We got married in April 2009 in the UK and we have two kids one born in 2009 and the other in 2011 who were also born in the UK.

My wife became my dependent so as to make up the 10 years for long residence as she had been in the UK as a student since.

I read somewhere this "If you have been together for four years or more outside the UK you will be granted indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years." and could not find information on people who have been in the UK.

The expectation is that when my wife gets the Indefinite in Sept this year, the kids and I will become her dependents that way i don't have to extend my Tier 1 in March 2013

What I want to know is, does it count that we have been married for three years in the UK, and will I still have to collect the Probationary visa to remain for two years before ILR or will i be able to get ILR immediately and what happens to the kids?

Thanks for your responses



#2 Victoria

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Posted 02 March 2012 - 11:32 AM

You still need the probationary period. The children don't. They can either apply for ILR or register as British as soon as your wife gets her ILR.

#3 elay5

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Posted 02 March 2012 - 12:20 PM

You still need the probationary period. The children don't. They can either apply for ILR or register as British as soon as your wife gets her ILR.

Thanks for the answer, one more quick question, what if i extended my Tier 1in March 2013 and then our 4th anniversary is in April 2013 i then applied as her dependent would i still go through the probationary period

#4 Victoria

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Posted 02 March 2012 - 12:26 PM

Yes. The 4 year clause only applies when people have lived together outside of the Uk.

#5 elay5

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Posted 15 April 2012 - 04:09 PM

Hi Victoria,

I was speaking with a friend who advised that a faster way to go to get my ILR via my spouse is to apply for Right of Access and that will allow me to skip the 2 year probationary period, she said i could use Right of Access for a year and then move to ILR thus avoiding the probationary period, is that possible

#6 Mutly

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Posted 15 April 2012 - 04:40 PM

The access to child visa if for parents who have access to children in the UK, often after the parents split up, it's not applicable in your case.

Whether you extend your tier 1 general or switch to FLR(M) as soon as your wife has ILR depends on when you first received tier 1 general leave, ie. when that would lead to ILR and whether it would be easier for you to apply for FLR(M). Or whether you reach ten years of UK residence yourself in the meantime.

#7 Victoria

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Posted 15 April 2012 - 07:18 PM

Unlikely to work unless you and your wife plan to live in separate rooms in your house.

#8 elay5

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Posted 15 April 2012 - 07:41 PM

Well we can say that, is anyone actually going to come and check which rooms we are sleeping in, the person i know who is using it, was surprised as well taht the option could be used even when u are married, she provided all the documentation and it was approved........Anyway i plan on having a consultation with you victoria so i will be in touch

#9 Victoria

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Posted 15 April 2012 - 08:00 PM

Okay.

#10 elay5

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Posted 09 July 2012 - 08:44 AM

Hi Victoria,

Please check your email, I sent it at 9.43 this morning and copied the info email for your office, I called last week.




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