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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am due to apply for ILR through Tier 1 general migrant permit

Customer Question

I am due to apply for ILR through Tier 1 general migrant permit by the month of July 2014 .1. I started my work as a Tier 2 work permit From 13/7/2009. 2. On 01/03/2010, I renewed my old indian Passport to a new one fro Indian Highcommission from London.3. On 23/03/2010, I changed my visa to Tier1 general migrant for a validity of 3 years.(till 23/03/2013)4. On 19/04/2013 my Tier 1 visa was extended to another 2 years till 19/04/2015.5. Unfortunately I lost my old passport which had the log of my travels (about 21days abroad) between 13/07/2009 and 01/03/2010. I have a photocopy of same and have got a letter from the local police regarding the loss of old passport.b. From begining of my stay in UK, My wife stayed with me till 2/12/2010 and left abroad to do a course for 5 months and was back by 15/05/2011.c. Thereafter She went to India for pregnancy and childbirth reasons on 24/08/2012 and is still in India to continue with her Exams. During that period her initial Tier1 dependent visa expired by 23/03/2013.d. Soon after the child birth in June 2013, she reapplied for the Tier1 general migrant dependent visa for herself and the newborn which was approved and is valid till 19/04/2015.My questions are1. If I am going to apply for ILR, am I at a disadvantage of rejection because of I unavailability of my old passport? I have maintained the necessary income and can guarantee the maintainence amount to support myself, my wife and my daughter as per the requirement and am eligible with all the conditions provided. I have not travelled outside the UK in excess of 180 days in 12 months as per the conditions.2. Are my wife and the daughter (13months) eligible with me to apply as family of the settled person along with me. They plan to come back to the UK now and we are thinking of applying for the visa together. This question is in particular to the clause mentioned that as a partner, " You must have been given a partner visa and been living with your partner in the UK for at least 2 years if you applied for that visa before 9 July 2012. ( she applied as my partner for the previous Tier2 visa from May 2009 and again reapplied to extend her stay as Tier 1 general migrant dependent from 23/03/2010 however there was a break in reapplying of her visa from 23/03/2013 till 20/06/2013). Should she be living in the UK till date with this condition or is it acceptable for her to be in the UK for a total of 2 years as my partner which she lived from 07/2009 till 24/08/2012?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.

You are eligible to apply for ILR up to 28 days before your 5th anniversary from the date you started working on 13/7/2009, so you may apply immediately. Your lost passport will not cause any problems as you have a copy of it and a police report.

Your family is not eligible to apply for ILR along with you as your wife has been away since 2012 and her residence is broken for UK immigration purposes.

Your wife would need to spend 5 years in the UK before she is eligible for ILR.

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