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I am a dependant of a Tier 1 migrant since summer 2012 and my husband will be applying for ILR in 2015. Am I entitled to apply for ILR at the same time with him?

indefinite leave to remain

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I am a dependant of a Tier 1 migrant since summer 2012 and my husband will be applying for ILR in 2015. Am I entitled to apply for ILR at the same time with him?

If you were given status as a dependant of a Tier 1 migrant under the rules which were in place pre-July 2012 changes, you will be covered by transitional arrangements and will qualify to apply for indefinite leave to remain once you have lived in the UK with your partner for two years. If your leave to remain was granted under post-July 2012 rules you will only qualify for ILR after you have lived in the UK with your partner for five years, so you would need to extend your current dependant’s visa first at the time your husband applies for ILR, and you would be able to apply for ILR on completion of five years as dependant.

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ILR on the basis of 10-year lawful residence

Those who have lived lawfully in the UK for a continuous period of 10 years can apply for indefinite leave to remain (settlement) on the basis of long residence. The application is subject to the following conditions: Continuous legal residence: no interruptions in the legality of stay with the exception of any periods of overstaying of up to 28 days before 24 November 2016, or disregarding periods of overstaying after 24 November 2016 if leave was nevertheless granted after this date under paragraph 39E of the Immigration Rules; Absences from the UK should not exceed 18 months in total during the 10 year

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Spouses of UK citizens

Settlement: spouse, unmarried partner or civil partner of a person present and settled in the UK You can apply for indefinite leave to remain as the spouse, unmarried partner or same sex partner of a person settled in the UK after you have lived in the UK with a spouse visa for at least five years. If you initially applied for the spouse visa under the old rules (in place before 9 July 2012) you are covered by transitional arrangements and can apply after two years of residence. The requirements for settlement under the rules in place after 9 July

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Indefinite leave to remain

Indefinite leave to remain, or settlement, is permission to remain in the UK without restrictions. An application for settlement can be made by migrants in certain categories normally (with some exceptions) after five years of residence in the UK. Qualifying categories for ILR Spouse or partner of a person settled in the UK; Tier 1 migrants (with the exception of Tier 1 PSW) and their dependants; Tier 2 (General) migrants and their dependants; Ancestry visa holders; Domestic workers covered by transitional arrangements; Migrants in closed categories, such as HSMP or Work Permit holders, and their dependants. In addition to the above, indefinite leave to remain can be

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Work related route to settlement

If you are planning to apply for a visa which would allow you to work in the UK and eventually settling in the UK as a permanent resident, there is a small number of options for you to consider. The most straightforward way of getting permission to work, is finding an employer who is willing to sponsor you. You may then relocated to the UK under the Tier 2 General route. Tier 2 (General) visa This is an option for professional people doing highly skilled jobs (normally NQF level 6). Low skilled jobs are not supported by this route. Highly skilled jobs cover a range

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How criminal record affects applications for indefinite leave to remain and nationality

Applicants for indefinite leave to remain in the UK may fall foul of the mandatory grounds for refusal on the basis of criminality, while applicants for British citizenship have to meet the new statutory requirement of good character. Immigration Solicitors from a London based firm Kadmos Consultants explain the effect of criminal convictions in the context of immigration.

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Indefinite leave to remain may be dictated by the duty to safeguard welfare of children

Best interests of the child must be a primary consideration for immigration authorities. High Court declares that this duty is overlooked in the policy on Discretionary Leave to remain as of October 2009 which requires two spells of limited leave for three years before indefinite leave to remain becomes a viable option. The case of SM and others v SSHD [2013] EWHC 1144 (Admin) was a judicial review of the policy on discretionary leave as of 2009 in relation to the children who had applied for leave to remain outside the immigration rules and were granted limited leave to remain

News

Changes to English Language requirements for settlement and naturalisation

The UKBA has published a statement of intent announcing plans to tighten English language requirements for applicants for indefinite leave to remain and naturalisation. From 28 October 2013 applicants for indefinite leave to remain and naturalisation will be required to pass a two stage test which will include the Life in the UK test and English language test at B1 level in speaking and listening. From 25 March 2013, the test is based on the handbook “Life in the United Kingdom: A Guide for New Residents”. Tests passed before 25 March 2013 will continue to be valid and there will

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