New successful case and testimonial on an Indefinite Leave to Remain (ILR)

By 1st 4Immigration - #1 UK Immigration Experts -
“Thank you so much for all your help and advice (and patience with our endless questions), and for preparing our application so well. It all went smoothly (during same-day service appointment) and we were all done in 2 hours with minimal questions. “  Ms S and family, South African nationals, applying for an Indefinite Leave to Remain (ILR).  

In this case the main applicant had an Ancestral visa and was approaching the point of living in the UK for 5 years.  The spouse used to be on his own visa in the past (not Dependant), which has now expired and the spouse was staying outside the UK. The couple’s child had a Dependant visa on the main applicant.  

It was now time for the main applicant to apply for an ILR and the plan was to include the daughter. However, we advised that from 9 July 2012 children of Part 5 migrants could be included into an ILR application only if both parents were applying for an ILR, or were lawfully in the UK. But not if one parent was here and the other did not have a valid UK visa.

Our advice was for the spouse to rush and apply for  a Dependant visa in South Africa, which would be valid for as long as the main Ancestral visa. In this case that Dependant visa was only valid for about 3 weeks (because the main applicant’s Ancestral visa was about to expire in 3 weeks). Then the spouse returned to the UK on that visa, passed a Life in the UK test, and then the whole family applied for an ILR together.

This worked, even though the spouse has only spent 3 weeks on a Dependant visa, because there is still no minimum number of years to qualify for an ILR for dependants of Part 5 migrants, such as those who hold Ancestral visa, old Work Permit etc. Partners of Points-Based System migrants, such as Tier 1 Dependant Partner, have to spend a minimum 2 years in the UK on Dependant visas (if the 1st Dependant visa was issued before 9 July 2012) or a minimum of 5 years (if the 1st Dependant visa was issued on or after 9 July 2012). In this case the main applicant held an Ancestral visa, so there was no (and still no) a minimum number of years for the partner.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

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