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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, My name is XXXXX XXXXX I live in London. I am currently

Resolved Question:

Hi,
My name is XXXXX XXXXX I live in London. I am currently on TIER 1 - GENERAL visa which got extended in April 2013 and is valid until April 2015. As per the current immigration laws, I will be eligible to apply for ILR status in April 2015 as I would be completing my 5 year status on Tier 1 - General by that time.
My girlfriend (who lives and works in Derby) is on WORK PERMIT VISA and will be eligible for an ILR status in the end of 2017. So I am getting ILR 2 years before she does.

We plan on getting married in Sep 2013 and she will come on my dependent visa soon after that, so she can apply for an ILR via my dependent route.

I want her to get ILR status as soon as possible to allow her to re-locate to London (with me), which is not possible without changing her current job. She hence needs to switch her visa status from work permit to dependent (and eventually ILR).

My question is - When would she be able to apply for her ILR status after coming on my dependent visa (considering we are getting married in Sept 2013 and she is coming on my dependent visa soon after that)?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
She cannot get ILR on the basis of being your dependant partner if she has not been in the UK for at least 2 years as your dependant partner.

The usual route if she comes here as your dependant would be to switch to the Spouse Visa once you have ILR. She would then need to complete 5 years to qualify for ILR. It would be better for her to continue under her own status as it would be a quicker route to ILR.
Customer: replied 1 year ago.

In respect to your first statement - She will be in the UK for 2 years as my dependent partner (spouse visa) from September 2013 to September 2015. (She will switch from work permit to spouse visa in Sep 2013.)


 


But I want to clarify if she can apply for ILR in October 2015 post completion of the 2 years dependent (spouse) visa status? (Just to re-iterate I should get my ILR in April 2015.)

Expert:  Howard replied 1 year ago.
My comment about 2 years was simply letting you know that she would have had to have already been here as your dependant partner. 2 years would only be allowed if she had been in the UK as your partner (dependant or Spouse) from prior to July 2012.

She will only have been in the UK as your partner from the moment she comes to the UK with her dependant partner visa. As this is after July 2012 the Spouse route will require 5 years in the UK as a partner and not 2 years. Time spent here as your dependant partner will count towards the 5 years - the period does not need to entirely be spent only as a Spouse.

Again, the quickest route to ILR for her would be the route that she is already on if she will retain her employment and if she will qualify for ILR on that basis.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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