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  1. #1
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    Default possible ilr problem

    Hi all,
    My wife'sfriend has fallen out big style with her husband. she and her 14 year old daughter have been here about 8 years and came on a marriage visa. She, after a lot of time and effort passed the life in uk test but has not yet applied for ilr.
    Her visa runs out later this year and she is now concerned he won't support their ilr application.
    Am i right in saying they cannot obtain an ilr without his support?
    can they still apply anyway or are there other options?
    Her biggest fear is for her daughter who has been completely schooled and brouhgt up in the uk and has little or no knowledge of life in thailand or how to read,write or speak thai.
    your thoughts and help are much appreciated

  2. #2
    Moderator Tobias's Avatar
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    As she has been living in the UK for more than 5 years, legally I presume, she can apply for ILR in her own right.
    Tobias - โทเบียส
    It’s better to be 6 feet apart than be 6 feet under.

  3. #3
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    thanks tobias,
    i had been thinking that as she came on the married visa they had to be still together ( which may still end up the case) and he had to sign forms etc. A big relief for her if she can still apply. She has been working since first coming here and everything done legally.
    thanks again Tobias
    Last edited by gordon32007; 8th Feb 2013 at 11:47. Reason: bad spelling

  4. #4
    Moderator Tobias's Avatar
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    Gordon, do let her know she should apply before October otherwise she will have to pass an English speaking and listening exam too!
    Tobias - โทเบียส
    It’s better to be 6 feet apart than be 6 feet under.

  5. #5
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    Default

    Ok Tobias,
    Thanks for the info. If I can indulge you on another matter, my own wife has her ilr already and passed the lituk with citizenship content test but we have not applied for citizenship yet ( the forms filling i find a chore) do the october changes affect us as well?

  6. #6
    Furniture เฟอร์นิเจอร์ the_link's Avatar
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    If your wife has passed LitUK or an ESOL in English and citizenship, she will not be affected by the October changes.

  7. #7
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    Thanks link. Really I should get into gear and fill out and send forms been too lazy

  8. #8
    Moderator Tobias's Avatar
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    Quote Originally Posted by gordon32007 View Post
    ... I should get into gear and fill out and send forms been too lazy
    ... and before the prices go up again in April!
    Tobias - โทเบียส
    It’s better to be 6 feet apart than be 6 feet under.

  9. #9
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    Quote Originally Posted by Tobias View Post
    As she has been living in the UK for more than 5 years, legally I presume, she can apply for ILR in her own right.
    Shouldn't she have to satisfy 287(a):
    (iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and
    Can you please reference the paragraph of the Immigration Rules that states that she can apply for ILR in her own right after living legally in the UK for more than 5 years? This would be very useful as I haven't noticed it before.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  10. #10
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    Vinny,
    This was my original concern. My next thing would be which form they should use.
    Last edited by gordon32007; 9th Feb 2013 at 13:43. Reason: Bad grammar

  11. #11
    Furniture เฟอร์นิเจอร์ the_link's Avatar
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    For ILR the form SET(M), gordon.

  12. #12
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    Default

    Thanks link

  13. #13
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    Scrapped - was answering vinny but it didn't provide the answer he required.

    Sorry
    'Tis me

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