In many cases, the main applicant is eligible for indefinite leave to remain in the UK upon completing 5 years in the UK (they may be eligible to apply for Indefinite Leave to Remain earlier in some cases using the accelerated route) and often the dependents may also become eligible for Indefinite Leave to Remain at the same time. It however depends on the date when the dependents were granted first leave to join the main applicant to assess whether they qualify for Indefinite Leave to Remain with the main applicant or they would need further leave to remain for another period of time in order to complete their 5 years of residence.
Five years of residence is therefore mandatory requirement for the dependents to be eligible for Indefinite Leave to Remain.
If at the time when the main applicant applies for his Indefinite Leave to Remain, the dependent has not completed 5 years of residence on dependent visa, they would need to apply for further leave to remain on the same basis. Once approved they would be given 3 years of leave to remain and upon completion of a total of 5 years they would be able to apply for ILR in their own right, provided they are able to fulfil the relevant requirements. The main applicant may proceed to become British citizen while his dependent still has leave to remain as dependent.
Following are the requirements for the dependents who wish to make their Indefinite Leave to Remain applications:
The dependent must have or have last been granted leave as dependent of the main applicant who has already been given Indefinite Leave to Remain or is making Indefinite Leave to Remain application at the same time or has become British citizen.
The dependent and the main applicant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least five years.
The dependent must not have been absent from the UK for more than 180 days during any 12 month period in the continuous period. There are a few exceptions as well of this requirement.
The marriage or civil partnership or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made.
The dependent and the main applicant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.
The applicants are required to provide evidence of the above which is at present fulfilled by passing life in the UK test and they would additionally be required to provide evidence of ability to communicate in English language at level B1.
We are a city law firm, specialising in UK Immigration matters. We are located in Central London and South West London (Tooting), therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world.
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No two immigration matters can be the same. We have a tailor make solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy i.e.
A) Assessment of your Immigration Matter: We carefully asses merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be.
B) Immigration Advice:Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.
C) Engagement of Our Immigration Services:Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be.
D) Review of Information and Documents:We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters.
E) Representations:We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc in order to conclude your immigration matters successfully.
F) Follow-up:Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home office or the Immigration Tribunals and update you accordingly.
G) Outcome of your Immigration Matter:The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don'ts. Our team of best immigration solicitors take care of that diligently.
We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our 5 star reviews vouch for our legal competence, vast knowledge and diligent work attitude.