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Ilr For Tie One General Dependant


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#1 tja28

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Posted 21 July 2012 - 07:52 AM

I am applying for ILR Aug 2012 after 5 yrs of WP and tie one general in a shortage occupation. My wife has tie one dependant visa which expires in Feb 2013. We are not able to apply at the same time as she has not done her Life in uk test yet. After I have applied for my ILR, can we wait till Feb 2013 before she applies for ILR or willshe have to switch within 28 days of when I get my ILR.

Thanks



#2 Victoria

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Posted 21 July 2012 - 08:04 AM

She should switch.

#3 tja28

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Posted 21 July 2012 - 08:49 AM

switch to what category and when. she has been in the uk for 4 years now. The reason why she is not applying with me is that is has not done life in uk test yet.
thanks

#4 tja28

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Posted 21 July 2012 - 10:57 AM

Managed to get a reliable answer. Hope this will help others with similar questions.



Based on the question above, my spouse / partner does not qualify for ILR at the same time as me or is not applying at the same time as I for some reason. What application should my (dependant) spouse / partner make to extend stay in UK and apply for settlement later?

PBS dependants whose leave expires before 09-Jul-12: The spouse / partner (of PBS and non HSMP JR migrant) should switch to FLR(M) leave before his/her current leave expires or he / she travels outside the Common Travel Area (whichever occurs first). The spouse / partner may then be eligible for settlement when he / she completes 2 years in the UK including stay as dependant of HSMP / PBS migrant and stay as spouse of settled person (i.e.- on FLR(M) leave) (287(a)(i)(d) and 287(a)(i)(e)).

PBS dependants whose leave expires after 08-Jul-12: If your current (PBS dependant) leave will expire after you have completed the qualifying period then, according to the changes announced, it is expected that there will be no need for such dependants to switch to FLR(M) leave and will be able to apply for settlement directly. On the other hand, if your current (PBS dependant) leave will expire before you complete the qualifying period then you will need to to switch to FLR(M) leave before becoming eligible to apply for settlement.

#5 srafiq29

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Posted 22 July 2012 - 12:10 AM

It sounds good and realistically it should be like that. But if you apply directly,there is no suitable form to apply. So either you need to switch to FLR(m) and then ILR using Set(m) OR wait until UKBA update guidance and form. Regards


#6 srafiq29

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Posted 22 July 2012 - 12:48 AM

Another way is if you also have valid leave until Feb 2013,you and your wife could probably apply same time using Set(o). I suggest to get legal assisstance will save your time and money.Regards

#7 SkillClear

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Posted 23 July 2012 - 08:55 AM

Your wife can only apply if she qualifies. A visa that is dependant on your visa will cease to be valid once you have switched to ILR.

I don't particularly like the wording "I have found a reliable answer" that you used. It could be seen to infer that the advice already given was not considered to be reliable.

It would be usual for you and your wife to share the same expiry dates, therefore I do not understand why your wife doesn't get the Life in the UK Test sorted out and then you both apply at the same time.

#8 Gentleman of Leisure

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Posted 23 July 2012 - 09:07 AM

The rules changes now permit PBS dependants with extant leave that allows them to complete two years to stay in that category and apply for ILR using SET(O). Previously they would have first needed to switch using FLR(M), and, indeed, still need to switch if their dependant leave does not extend until the completion of the two year residence period.

#9 Victoria

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Posted 23 July 2012 - 09:17 AM

GOL, I'm not sure I agree with that assessment.

#10 SkillClear

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Posted 23 July 2012 - 09:17 AM

Going back several years I have seen applications made by dependants of visas that no longer exist without problems. ;)




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