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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2313
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I am currently on PSW permit which will expire next year.

Customer Question

Hi, I am currently on PSW permit which will expire next year. Me and my partner have been living together for 2 yrs now. My partner is due to apply for his Indefinite leave in about 6 months time. We are planning to get married here itself before that. I am quite unsure & concerned of some issues -:
1) Can my partner add my name in his ILR application as his dependent, since we are getting married and since we have lived together for over 2 yrs now. Will i get a leave of 2 yrs initially or will I qualify for ILR along with him?
2) Will I have to become his dependent first and go back to my home country and then again gain an EC or it can be done straight forwardly from within the country. I am unsure of switching from PSW to being his dependent on his ILR application. How does it work?
3) After marriage will I have to update my husband's name on the passport where presently my father's name is mentioned? Is it a compulsion to do so before sending our application off to UKBA?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.

Hi thank you for your answer.

 

1) Regarding the issue of you applying to become a dependent of your partner, you will only be able to become his dependent once he has obtain ILR. You can apply to become his dependent on a fiancee or a spouse visa. As you are in the process of getting married I would suggest applying for a spouse visa which will initially be granted for 2 years and thereafter, you will be able to apply for ILR.

 

You will not be granted ILR simply by becoming his dependent and or on the basis that he is about to obtain ILR. You may be able to apply for ILR under your current visa once you meet the requirements of that particular visa category.

 

2) With regards to you returning to your home country for applying for entry clearence as your partners dependent, as your current leave to remain was granted for a period in excess of 6 months, you are able to switch in-country and become his dependent once you both have married and he obtains ILR. As mentioned above you will need to marry him and then apply for further leave to remain as his spouse.

 

3) The changing of name on your passport is not required for the purposes of submitting an application to the UKBA. The change of name is optional not compulsory.

 

If you are happy with the response, kindly click accept.

 

Expert:  UK_Lawyer replied 2 years ago.

Hi,

 

If I have answered your original question. kindly click ACCEPT.

 

If you do not, I do not get credit for my time.

 

Many thanks,

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