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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11819
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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We are planning to get married in UK itself as per the British

Resolved Question:

We are planning to get married in UK itself as per the British Law(i.e. a registered marriage). Just wanted to clarify one point that since the main applicant (i.e. my partner) is qualifying for ILR and applying for it in Sept 2012 itself, does it mean his dependants qualify for the same or not? (dependants who are added in his main application).
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.
Hi,

Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.

Only minor (under 18) and elderly dependent relatives (65 and over) will be granted ILR.

A spouse of a person with ILR will be granted a spouse visa and will become eligible for ILR after 2 years in the UK.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
But he doesn't have a ILR. He is about to apply for one. Doesn't it mean that when his application is processed for it, all his dependants can be eligible for the same????
Expert:  INC replied 5 years ago.
If he doesn't have ILR and is about to apply, then all of his dependents will be able to apply for ILR also.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
Customer: replied 5 years ago.
Thanks for the response.
According to changes made to ILR rules -on 6th april, 2011 I just want if you can please confirm that- ''a wife or husband must have spent 2 years living in the UK with you before they now qualify for Indefinite Leave to Remain – before the changes we just had to declare any dependents and they would be granted ILR with the main applicant regardless of their length of time in the UK. We now have to prove that your husband or wife (dependent) has been living at the same address as you (the main applicant) for no less than 2 years before they can apply for Indefinite Leave to Remain''.
Since I have been living with my partner for 2 yrs but in a civil relationship will the rule work out similarly in my case as well.
Expert:  INC replied 5 years ago.
Hi,

Yes the rules would be applied in exactly the same way for civil partners.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Thanks for the advice. Really appreciate it.
Expert:  INC replied 5 years ago.
It's a pleasure.

Good luck,
Customer: replied 5 years ago.
There's one thing that I missed to ask. After I get married will I have to send my passport to my embassy and request them to remove my father's name and add my husband's name to it.
I wanted to know whether this procedure is mandatory before I can send my application as a dependant along with my husband's application.
My friends suggest that UKBA doesn't consider a marriage to be valid if the passport is not amended to show my husband's name rather than my father's name.
Expert:  INC replied 5 years ago.
Hi,
Customer: replied 5 years ago.
Hi,
Sorry there's one thing that I missed to ask earlier. After I get married will I have to send my passport to my embassy and request them to remove my father's name and add my husband's name to it.
I wanted to know whether this procedure is mandatory before I can send my application as a dependant along with my husband's application.
My friends suggest that UKBA doesn't consider a marriage to be valid if the passport is not amended to show my husband's name rather than my father's name.
Expert:  INC replied 5 years ago.
Hi,

That is not correct. You can still keep your maiden name and are not required to do so and it is not mandatory to change the name on your passport.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,

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